JUDGMENT :

SASHIKANTA MISHRA, J.

1. The present revision is directed against the judgment dated 08.12.2011 passed by learned Sessions Judge, Nabarangpur in Criminal Appeal No. 28 of 2003, whereby the judgment of conviction and sentence passed on 13.08.2003 passed by learned Civil Judge (Senior Division)-cum-JMFC, Nabarangpur in G.R. Case No. 495 of 1984 was confirmed. By the said judgment learned trial Court had convicted the petitioner for the offence under section 408 of IPC and sentenced him to undergo S.I. for 2 years and to pay a fine of Rs. 5000/- in default, to undergo further S.I. for 6 months.

2. The brief facts of the case are as follows:

In course of investigation in connection with Kodinga P.S. Case No. 55 of 1984 under Section 408 of IPC, it came to light that the present petitioner Anirudha Majhi while working a Salesman in Kotagaon Sales Centre under Kodinga LAMPCS from 07.01.1981 to 30.10.1981, received goods of different kinds from the Head Office and other Sales Centers and also received the closing balance of Sanagumuda Sales Centre, in all amounting to Rs. 33254.81. However, he deposited the sale proceeds at the Head Office and diverted some goods to different Sales