JUDGMENT :

S. Acharya, J. - This is an appeal u/s 417(1) Code of Criminal Procedure against the judgment of acquittal D.I. 4-7-1970 passed by Shri A.K. Patra, Sessions Judge, Ganjam Boudh in Criminal Appeal No. 131/68-G.

2. The prosecution case, shortly stated, is that the accused (Respondent herein) at the relevant time was the Chief Instructor-cum-Production Manager of the Ambar Charkha Production Centre at R. Udayagiri (hereinafter referred to as the 'Centre') under the Orissa State Khadi and Village Industries Board (hereinafter referred to as the 'Board'). While working as such he received Rs. 1000/- for constructing the 'Sutar Ghar' for the Centre. But he did not construct the same and misappropriated the aforesaid amount to himself.

3. The accused, while admitting that he received the aforesaid amount of Rs. 1000/- of the above account, has taken plea that he constructed the house for which the aforesaid amount was given to him.

4. The trial Court on an elaborate consideration of the documentary and oral" evidence on record convicted the accused for an offence u/s 408, Indian Penal Code and sentenced him thereunder to undergo R.I. for six months and to pay a fine of Rs. 1000/-,