( 1 ) THIS revision is directed against the order of conviction and sentence passed against the petitioners convicting them for the offence under Section 409 of IPC and sentencing each of them to suffer rigorous imprisonment for a period of 1 years and to pay a fine of Rs. 1500/- and in default to suffer simple imprisonment for a period of 3 months by the trial Court in its judgment dated 18-7-1996 in CC no. 156 of 1991 as confirmed by the appellate Court in CA No. 122 of 1996 dated 7-4-1999 of course modifying the sentence of imprisonment from 1 years to one year while maintaining the sentence of fine.

( 2 ) BOTH the revision petitioners have been working as Junior Assistant and herbarium Keeper respectively in DRGG college, Pentapadu. A society has been formed and registered under the provisions of A. P. Co-operative Societies Act (the Act, for brevity) in the name and style of drgg College Employees Co-operative credit Society, Pentapadu (the Society, for brevity), The revision petitioners have been the President and Secretary of the said society respectively. The society was obtaining loan from District Co-operative central Bank, Tadepalligudem branch so as to distribute the same to its members as loans and after collecting the loan amounts from the members repaying the debt to the District Co-operative Central Bank.

( 3 ) IN due course of its business, society advanced loans to, its members after obtaining loan from the District Co-operative central Bank, Tadepalligudem. The president and Secretary used to collect the loan installments from the members. On 27-7-1989 on verification it was initially noticed that huge cash balance was pending with both the petitioners without remitting the same into the District Co-operative central Bank, Tadepalligudem. An enquiry was ordered in this regard by the competent authority from the Co-operative Department. PW2 who was deputed for conducting the enquiry under Section 51 of the Act conducted the enquiry into the accounts of the society. PW2 on verification of the cash book of the society found the cash balance lying without remittance to the district Co-operative Central Bank. After completing the enquiry, he submitted his report, Ex. P2 to PW1. Thereupon PW1 sent a report in Ex. Pl to Pentapadu Police Station upon which PW5, the SI of police registered a crime in Cr. No. 35 of 1990 and issued ex. P3, FIR. On his transfer, PW6, his successor, conducted further investigation and ultimately laid the charge-sheet before the Court.

( 4 ) AT the trial, six witnesses were examined on the side of the prosecution and exs. Pl to P3 were got marked. When the accused were called upon to enter upon their defence, none was examined on their side, but Exs. D1 and D2 were marked. On the strength of the evidence on record, both oral and documentary, the trial Court found both the petitioners guilty of the charge under Section 409 IPC and convicted them accordingly for the said offence. Both of them were sentenced after hearing them on the quantum of punishment as aforesaid to suffer rigorous imprisonment for 1 years and to pay a fine of Rs. 1500/- and in default to suffer simple imprisonment for three months. Aggrieved by the order of conviction and sentence passed by the trial court, the revision petitioners filed CA no. 122 of 1996 before the Sessions Court, west Godavari at Eluru. The appeal was made over to the learned I Additional sessions Judge, West Godavari at Eluru who confirmed the conviction, but modified the sentence of imprisonment of 1 years to one year while maintaining the sentence of fine and default sentence, under the impugned judgment.

( 5 ) AGGRIEVED by the said order of conviction and sentence of the learned i Additional Sessions Judge, the present revision case has been filed.

( 6 ) SRI C. Padmanabha Reddy, the learned senior Counsel for the revision petitioners/accused submits that there is no legal evidence in support of the charge and, therefore, the fin