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1999 Supreme(Mad) 1404

M.SADASIVAYYA
Martandappa – Appellant
Versus
State of Mysore – Respondent


Advocates:
L.G. Havanur, Advocate for Petitioner.
G. Dayananda, for State Public Prosecutor for Respondent No. 1.

Order.

The petitioner was the accused in Criminal Case No. 2093 of 1963 in the Court of the Second Additional Munsif and J.M.F.C. II Court, Dharwar. The petitioner was the secretary of a village panchayat. He had been charged for offences punishable under sections 409 and 477-A of the Indian Penal Code. The allegations were to the effect that on 14th June, 1963 he had misappropriated a sum of Rs. 498-60 P.; it had been further alleged that he had made false entries on 21st June, 1963. The learned Magistrate convicted the accused, for both the offences. For the offence under section 409 of the Indian Penal Code, the petitioner was sentenced to undergo simple imprisonment for a period of 6 months and to a fine of Rs. 100 and in default of payment of fine to undergo simple imprisonment for one month. For the offence under section 477-A of the Indian Penal Code, he was sentenced to undergo simple imprisonment for a period of 3 months. Against the said conviction and sentences an appeal was preferred. The learned Second Additional Sessions Judge of Dharwar heard the same, in Criminal Appeal No. 22 of 1967 on the file of his Court. He acquitted the petitioner of the offence under section








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