1. This appeal is directed against the judgment of conviction and order of sentence passed by the Court of the Principal District & Sessions Judge and Special Judge (Lokayukta), at Davanagere in Special (Lok) Case No.2/2008 by convicting the accused for the offences punishable under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the PC Act’, for brevity) and under Section 409 of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’, for brevity). The appellant - Accused No.1 was sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.3,000/-, in default to pay fine, he was to undergo simple imprisonment for further period of 3 months for the offence punishable under Section 13(1) (c) read with Section13(2) of the PC Act. He was further sentenced to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs. 2,000/-, and in default to pay fine, to undergo simple imprisonment for 2 months for the offence punishable under Section 409 of IPC. The appellant - accused no.2 was sentenced to undergo simple imprisonment for a period of 1 year and pay fine of Rs. 5,000/- and in default to pay fine, to undergo simple imprisonment for a further period of 3 months for the offence punishable under Section 406 of IPC. The sentences imposed on accused no.1 were to run concurrently.

2. The brief facts of the case of the prosecution are as under:

Accused No.1 was the Headmaster of Government Higher Primary School, Chiradoni, Chennagiri Taluk and Accused No.2 was the President of the School Development Managing Committee (hereinafter referred to as ‘the SDMC’, for brevity) of the said school. As such, both the accused were said to be public servants.

During the year 2005-06, the Chief Executive Officer, Zilla Panchayath, Davanagere is said to have sanctioned a sum of Rs.50,000/- in respect of the said school, for construction of a kitchen in the said school premises, under the ‘Mid Day Meals’ Scheme. On 3.11.2005, the Chief Executive Officer (hereinafter referred to as ‘the CEO’, for brevity), Zilla Panchayath, Davanagere had issued a cheque for Rs.50,000/- in the name of SDMC. The aforesaid cheque was handed over to Accused No.1 who was the Head Master of the said school, on 8.11.2005. Subsequently, the said cheque was deposited in the Bank Account maintained in the name of the SDMC by deducting Rs.150/- towards commission. The remaining amount of the said cheque in a sum of Rs.49,850/- was credited to the account of the Committee as maintained. There was some more amount in the said Account of the Committee maintained, totally amounting to Rs.51,000/-. Subsequently, it is the allegation that both the accused persons withdrew the amount of Rs.51,000/- from the said Account through seven cheques jointly signed by them. Out of the said amount, they had spent Rs.1,802/- towards the cost of digging up foundation for construction of the kitchen in the school premises. However, by filling the same with boulder stones they had closed the foundation which was dug. There was a direction to complete the construction of the kitchen for the Mid Day Meals before 19.04.2006, whereas the accused persons did not comply with the said direction issued by the authorities. They did not spend the amount withdrawn from the said account sanctioned towards construction of kitchen, but are said to have mis-appropriated the amount of Rs.48,048/-. Subsequent to coming to know the said fact, the higher officer of Accused No.1 had issued a notice to the said accused. However, the accused did not give any reply to that notice received. Subsequently, a report came to be published in the daily newspaper ‘Prajavani’ relating to misappropriation of the funds granted towards construction of kitchen in the school premises, by these accused. On seeing the said news item, CW-27 – the Police Inspector, Karnataka Lokayuktha, Davanagere registered a c