STATE OF KARNATAKA Vs. RANGAPPA

JUDGEMENT

(1.) THIS Appeal by the State is directed against the Judgment of acquittal passed by the JMFC. , Arasikere in CC. No. 1158/97 dated 4-5-2002 wherein the respondent has been acquitted of the offence punishable under Section 408 IPC. ,

(2.) THE essential facts of the Case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows: it is the Case of the prosecution that on the basis of the complaint filed by PW. 4 who was working as Manager, HDCC Bank, gandasi Hand Post as per Ex. P3, PW. 12 who was working as PSI registered Crime No. 78/97 and prepared FIR as per Ex. P3. It is averred in the complaint that the accused was working in the said bank since 4? years as Assistant and he was entrusted with the duty of attending the work entrusted by the Manager, On 10-7-97 at about 10. 30 am since the amount was required for payment to be made towards the salary of the teachers for the month of June, 1997 accused was handed over a cheque for Rs. 3,00,000/- with a direction to encash the same from Hassan District Central Co-operative Bank ltd. , Hassan, Arasikere Branch and bring the amount to the Bank. The accused did not return with the amount even after the banking hours was over. The banking hours of the Bank was between 8. 30 am to 12. 30 pm. At about 12 noon he telephoned to the Arasikere branch and was informed by the Manager that the accused has encashed the cheque at about 11. 30 am and taken cash of Rs. 3,00,000/- (Rupees three lakhs only) Accused did not return even till 2 pm on 10. 7. 97. PW. 12 along with his staff searched for the accused. Accused was apprehended and on the basis of the voluntary statement given by him as per Ex. P. 12 accused lead to the house in honnakumamahalli on 11. 7. 97 at about 6. 45 am and took out suitcase which was enpty and the same was seized under mahazar Ex. P8 in the presence of the panchas as per MO9. Thereafter at about 9 am accused lead them and the panchas to the Housing Board Colony and took them to the house of Krishnegowda bearing No. LIG-12. The wife of the accused Lakshmidevamma was in the said house and accused asked Krishnegowda to give back the zip bag and one plastic bag and Krishnegowda took out the said bag and it was found that the said bag contained cash of Rs. 2,88,590/- and the same was seized under mahazar Ex. P1 and the said zip bag and plastic bag were seized as MOs 7 and 8 and the cash was seized under said mahazar as per MOs 1 to 6. Thereafter he recorded the statement of the witnesses and also the cash register, counter foil of the cheque and other docuemnts and after completing investigation filed charge sheet against the accused on 10-7-97. The accused pleaded not guilty and claimed to be tried.

(3.) THE prosecution examined PWs. 1 to 13 and got marked exs. P1 to P12 and MOs 1 to 9. The statement of the accused under section 313 Crpc. , was recorded. The defence of the accused is one of denial. Accused did not lead any defence evidence. The appeal was committed. The Trial Court by judgment dated 20-2-99 held that prosecution has proved guilt of the accused for the offence punishable under Section 408 IPC. , and sentenced him to undergo r1 for three years. Being aggrieved by the said judgment of conviction and sentence, accused preferred Criminal Appeal No. 10/99 and the court of Addl. Sessions Judge, Hassan, by judgment dated 29-2-2000 set aside the judgment of conviction and sentence and remitted the matter to the Trial Court with a direction to record the statement of the accused under Section 313d Crpc. , afresh. Thereafter statement of the accused under Section 313 Crpc. , was recorded and the Trial Court by judgment dated 4-5-2002 held that the prosecution has not proved that guilt of the accused as alleged and acquitted the accused of the offence punishable under Section 408 ipc. , Being aggrieved by the said Judgment of acquittal, the State has preferred this appeal.