JUDGMENT :

A. Pasayat, J. - Petitioner calls in question his conviction u/s 408 of the Indian Penal Code, 1860 (in short 'IPO) and sentence of fine of Rs. 5,000/-, in default six months' rigorous imprisonment, in addition to sentence till rising of Court awarded by the learned Additional Chief Judi- cial Magistrate, Cuttack and affirmed in appeal by the learned Additional Sessions Judge, Cuttack.

2. Petitioner stood charged for having allegedly committed offences under Secs. 408/467/477-A, IPC. He was serving as Secretary of Narasinghpur Service Co-operative Society since 197Q. The allegations were that he had misappropriated cash, pesticides, fertilisers, valuing Rs. 8,256.37 paise during the period from 1-7-1974 to 30-6-1975. He also forged counterfoils of certain receipts and made false entries in the cash book. On these accusations, investigation was taken up, charge-sheet was submitted and the petitioner faced trial.

3. Prosecution examined 27 witnesses to further its case while petitioner examined one Sukadeb Samal, who was one of the Directors of of the concerned society. His plea was that he was never in charge of the cash or fertilisers, pesticides, cloth etc of the society.