JUDGEMENT

Order:- The petitioner has been convicted under S.406, I. P. C. and has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for another four months by the S.D. J. M. Karanjia which has been confirmed in appeal.

2. The prosecution case in brief is thus. The petitioner admittedly worked as the Secretary of the Karanjia Co-operative Circle Government Employees Co-operative Society from 14-9-1974 to 25-9-1974, i. e.. for ten days. He made over charge to his successor one Sri A. R. Mohapatra (P. W. 4) on 25-9-1974 by virtue of a resolution of the Board of Directors dated 23-9-1974 as it was found that the petitioner was a member of two of the Societies which is against rule. It was alleged by the prosecution that the petitioner made over charge of his office to P. W. 4 excepting cash in hand amounting to Rs. 1,814.15 p. Being asked to make over the cash to P. W. 4 the petitioner stated that he had done so to the President (P. W. 5) the informant. The petitioner repeated this before P. W. 5 but that not being a fact, P. W. 5 lodged information (Ext. 12) at Karanjia P. S.about the misappropriatio