1. The revision petitioner is the accused who was convicted by the Magistrate under S.409 I.P.C. and sentenced to undergo rigorous imprisonment for four months. Having failed in his attempt to challenge the correctness of the order in appeal he has moved this Court in revision.

2. The accused was the Executive Officer of the Thevalakara Panchayat. In that capacity he came into possession of a sum of Rs. 929-65 p. which he was bound to remit into the Government Treasury on 1st January 1963. The prosecution case is that he misappropriated the amount for twenty-two days before he sent the amount through a messenger. The accused while admitting that he came into possession of the amount as also his liability to deposit the amount in the Treasury on the first, pleads that he was prevented by a serious attack of fever which he contracted on the first and which developed into typhoid from the fifth, from personally remitting the amount or making proper arrangements to send it through messenger. He was putting forward that plea consistently from the very start even at the investigation stage and relied upon the evidence of Pw. 7 who treated him at the initial stages and Dw.1 und