STATE Vs. ARVIND KUMAR

JUDGEMENT

(1.) THIS appeal, preferred by the State/appellant under Section 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), is directed against the judgment and order dated 22.3.1995 passed by the Munsif Magistrate, Rishikesh, District Dehradun in Case No. 865/88 State v. Arvind Kumar, whereby the respondent has been acquitted of the charges punishable under Section 409, 467, 468 of Indian Penal Code, 1860 (for short, IPC).

(2.) BRIEFLY stated facts of the case are that on 12.2.1987 at 10.05 am, a case was registered against the respondent Arvind Kumar, Clerk in the Sales Tax Department, Rishikesh and co -accused Dharam Veer, Collection Amin on the basis of the report Ex. Ka -22 lodged by Mr. T. George Joseph, Commissioner of Sales Tax, Lucknow, U.P. where in it was averred that the respondent and the co -accused Dharam Veer in the year 80 -81 and 81 -82 misappropriated an amount worth Rs. 23,524.06 which was entrusted to them and they had also tampered with the records. On the basis of this FIR, chick FIR Ex. Ka -20 was prepared and necessary entries were made in the G.D. Investigation of this case was entrusted to PW5 SI Rajendra Singh Tomar. During the course of investigation, the I.O. recorded the statements of the witnesses and after completing the investigation, he filed the charge sheet Ex. Ka -19 only against the respondent Arvind Kumar. Co -accused Dharam Veer was not chargesheeted.

(3.) TO prove its case, the prosecution has examined PW1 Shivnandan Kumar; PW2 Ishwar Dayal; PW3 Ram Asre Prasad; PW4 Premchand; PW5 Rajendra Singh Tomar, the I.O. of the case; PW6 Tejpal Singh and PW7 Hari Singh.