STATE Vs. RAJENDRA KUMAR BHARADWAJ

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment and order dated 27.5.1998 thereby acquitting the accused Rajendra Kumar Bharadwaj from the charge of offence punishable under Section 409 IPC. The said acquittal order was passed by the Chief Judicial Magistrate, Pauri Garhwal in Criminal Case No. 328/1983, State v. Rajendra Bharadwaj.

(2.) Having heard the learned Counsel for the either sides and on perusal of the record, it appears that Rajendra Kumar Bharadwaj was posted as Assistant Store Keeper in Electric Division of PWD at Srinagar, District Pauri Garhwal during the period November, 1974 to September, 1978. The charges of embezzlement, allegedly committed between the period April, 1976 to September, 1978, were levelled against him. During this period of almost two and half years, he was entrusted with cash of 13,870/- for sundry expenditures, but he could not submit the accounts of expenditure of the same.

(3.) Besides various kinds of electric goods to the tune of 48,650/- and further of 1,45,675/- were found to be missing from the store when the invoice was prepared by a committee, which was formulated to check and verify the stock as the presence of the accused could not be procured for the purpose, who absented himself from his duties ever since 11.9.1978. The committee so formed, opened the store and checked all the electric and other articles, which were supposed to be present in the store, but were found missing.