STATE OF UTTARAKHAND Vs. RAJENDRA SINGH NEGI

JUDGEMENT

(1.) The present Government Appeal has been filed by the State Government against the judgment and order dated 14.06.2004 passed by the Judicial Magistrate-I, Lansdowne, Pauri Garhwal in Criminal Case No. 338 of 2002 whereby the accused was not found guilty and acquitted under Sections 409, 420, 467, 468, 218 IPC.

(2.) Brief facts of the present case, inter alia, are that on 22.08.1992 the complainant- Bhagwan Singh Panchpal submitted written information to the P.S. Lansdowne with the allegations that the accused-Rajendra Singh Negi, who was the Postal Assistant and had withdrawn the amounts of Rs.2,000/- on 8.08.1989, Rs.4,000/- and Rs.3,500/- on 02.12.1989 and Rs.500/- on 21.03.1990 from the account of Bahadur Singh in Account No. 708467. Apart from that the accused made false entries of Rs.4,000/- on 9.10.1989 and Rs. 4,000/- on 14.05.1990 in the account of Bahadur Singh. The accused also misappropriated the Government fund of Rs.10,000/-till July 01.09.1990.

(3.) On the basis of said information an FIR was lodged on 22.08.1992. After investigation charge sheet was submitted. Accordingly, charges were framed on 22.07.1999 by J.M., Lansdowne, Pauri Garhwal, which they denied and claimed trial.