That one written complaint was lodged by the Block Development Officer, Patashpur-II Block on 24-12-2002 with the Officer-in-Charge of Patashpur Police Station, District - Purba Medinipur to the effect that the Headmaster of Baharda Jagannath Primary School, i.e., the appellant before this court had misappropriated the government money given to him for construction of the court building.On receipt of the F.I.R., Patashpur P.S. Case No. 1 of 2003 dated 04.01.2003 was registered under Section 409 of the Indian Penal Code.It was the prosecution case that Patashpur II Panchayet Samity sanctioned Rs.60,000/-for construction of school building of Baharda Primary School and sent a letter to the Headmaster and Pradhan of Khar Gram Panchayet for opening a joint account and the joint account bearing no.3032 was accordingly opened with the Mallabhum Gramin Bank, Kharaigar Branch by the said Headmaster (the appellant) and Ranjit Mondal, Pradhan of Khar Gram Panchayet who were the joint operators of the said account.It was further mentioned in the F.I.R. that at first Rs.30,000/- was sanctioned and the appellant vide cheque no.707109 dated 11-02-1997 deposited that cheque dated 11-02-1997 through voucher no. 203 in that account no. 3032 and in that account Rs.29,890/- was credited after deducting the collection charge.As per the statement of accounts of the bank marked as Ext. 4, out of that amount Rs.29,850/- was withdrawn on the same day, i.e. on 09-04-1997 on which date the same was credited to the bank after clearing.This appeal has been directed as against the judgement and order of conviction dated 24-04-2013 and 25-04-2013 as passed by the learned Judge, Special Court, within the district of Purba Medinipur, in Special Trial No. 31 of 2007 in which learned trial court was pleased to convict this accused appellant in respect of the charge punishable under Section 409 of the Indian Penal Code and he was sentenced to suffer rigorous imprisonment for four years with fine of Rs.1000/- and in default of payment of fine, he was further directed to suffer simple imprisonment for one month.It is also the prosecution's case that the present appellant thereafter on 13-05- 2002 deposited Rs.16,000/- in that joint account maintained for that building purpose and subsequently on 28-05-2010 he again withdrew Rs.10,000/-.As per the complaint the appellant was asked to submit the adjustment bill for Rs.30,000/- through letter but the said letter returned back with intimation that he was out of station.The investigation was taken up by P.W.3, one S.I. Debidas Mukherjee, of Patashpur Police Station and during the course of investigation, he recorded the statement of the witnesses, held raid to apprehend the accused, sent the requisition to the Sub-Inspector of Schools of Protaplighi, South Circle, Patashpur and also to the B.D.O. - II for supplying the documents.The accused appellant could be apprehended only on 07-11- 2005 and he was produced at first before the S.D.E.M., Egra of the same District and he was directed to be produced before the Additional Sessions Judge, Paschim Medinipur in Special Case No. 10/03 of the Special Judge, Medinipur (undivided).The case was transferred to the 3rd Special Court of the said District.Summon was ordered to be issued.Accused was produced on 14-11-2005 in custody.After the new district was created the case record was transferred to the District Judge, Purba Medinipur as per notification no. 10157/R-Ins.Dated 20-12-2003 and ultimately it came to the present learned trial court.The trial started.The charge was framed against the accused for the offence punishable 409 of the Code to which the accused pleaded not guilty and claimed to be tried.Before the trial court in all four witnesses were examined by the prosecution.Some documents were marked as exhibits.The defence did not adduce any oral and documentary evidence and the accused was examined under Section 313 Cr.P.C.Thereafter before the learned Trial Court as many as four witnesses were examined out of eight charge-sheeted witness.It may be mentioned that Charge-sheeted witness 5 died during the course of trial.The witnesses examined by the prosecution are Ranjan Kr.Pal (PWI) who at that point of time was allegedly one clerk of the BDO office.On behalf of the prosecution several documents were marked as exhibits but I have failed to gather how Exhibit Nos. 3 & 5 were marked as exhibits.As per exhibit list exhibit 1/3 is the written complaint.It may be mentioned that the said Block Development Officer who lodged complaint was not examined.This witness identified the accused-appellant on block.He also admitted that Rs.10,000/- was also withdrawn from that account but at the same time claimed that it was his personal money.He was asked vide question no.13 as to whether Rs.29,890/- was deposited vide outstation cheque on 09.07.1987 and on that date the said amount was withdrawn.This witness answered to this question that "By deductions the amount of commission cash money was withdrawn".The Trial Court sentenced the convict to suffer RI for four years and to pay fine of Rs.1,000/- in default to suffer further SI for one month.

Cited provisions: Section 409 in The Indian Penal Code