1. Heard both the parties.

2. The above revision petition is directed against the order dated 11. 95 in C.A.No. 20 of 1993 on the file of the learned Sessions Judge, Nagercoil, confirming the order of conviction dated 13. 1993 in C.C.No.1104 of 1993 on the file of the learned Judicial Magistrate-2, Tirunelveli, convicting the petitioner for an offence punishable under Section 409, I.P.C. sentencing for one year rigorous imprisonment with a fine of

Rs.1000 in default of which, three months rigorous imprisonment.

3. The petitioner was facing a trial before the learned Judicial Magistrate-2, Tirunelveli in C.C.No.104 of 1993 for an offence punishable under Section 409 I.P.C. with regard to an occurence said to have taken place during the inspection held at 2.30 p.m. on 7. 88 in Udayamarthandam Post Office, during which more than worth of Rs.12, 985.45 entrusted to the petitioner were found in shortage.

4. Eight witnesses, namely P.W.1 to P.W.2 were examined, 30 documents were marked, namely P.1 to P.30 on behalf of the prosecution, while, the petitioner examined himself as a defence witness as D.W.1 and also marked two documents namely R.1 and R.2 on his behalf.

5. The