“In this case the fact that accused was appointed as the salesman is proved by the evidence of PW1 to 5 and from Ext.P2 order appointing the accused as the salesman by the Board of Directors and Ext.P2(a) accepting the appointment by the accused. As per Ext.P4(a), P4(b), P6(a) and P7(a), P8(a) 11(a&b) entries made by the accused in the stock registers of manure, acide and common cloth, it can be seen that the stock was entrusted to the accused from the bank and the accused had got dominion over the stock. As per Ext.P12(a) carbon copy of bill dated 9.11.90 issued to K.T. Jacob it can be seen that 8 packets of factamfos weighing 400 Kgs was sold to K.T. Jacob by the accused. Ext.P9 petition is given by PW2 on 9.11.90 itself to the president of the Co-operative Society in which he has stated that there was a shortage of 56 Kgs of manure from the 8 packets purchased from the accused and 9.11.90. As per Ext.P12(a) and P12(b) and surprise checking was conducted by PW1 and 5. I packet of manure was taken from depot no. 1 and was weighed in depot no. II and it contained only 41 kg of manure. There was a shortage of 9 Kg. As per Ext.P10 physical verification of stock report there was a shortage of articles worth Rs. 7,868/- from the total stock and hence Ext.P13, P15 memos was given to the accused and the replies are Ext.P14 and P16. Again Ext.P18 memo was given for which accused has given Ext.P19 reply and on 19.11.90 accused has given Ext.P20 statement. In Ext.P14 reply to Ext.P13 memo accused has admitted that he has pilfered manure from 60 packets and he shall compensated the bank for the loss sustained. In Ext.P19 reply also, the accused has admitted that he has pilfered manure from the sacks and he shall pay the loss to the bank. Ext.P14, 16 and 19 given by the accused will go to show that he was entrusted the dominion over the articles such as manure common cloth, pesticides etc., in depot no. 1 of Kikkozhoor Service Co-operative Bank and he has pilfered manure and sold the packets to the customers and the customers sustained the loss in receiving the packets which are less in the net weight of 50 KG which each packet is expected to contain and the manure so pilfered was taken by the accused causing wrongful gain to himself and wrongful loss to the customers. Accused is bound to sell the manure entrusted to him without opening the packet when it is sold in packets and without pilfering any manure from it. There is no reason to disbelieve the version given by PW2 who deposed that out of the 400 Kg manure purchased there was a shortage of 56 Kg. Even
