STATE OF UTTARAKHAND Vs. JIWAN CHAND PANDEY

JUDGEMENT

(1.) The present Government Appeal has been filed by the State Government against the judgment and order dated 19.04.2004 passed by the Chief Judicial Magistrate, Tehri Garhwal in Criminal Trial No. 132 of 2000, whereby the accused was not found guilty and acquitted under Section 409 IPC.

(2.) Brief facts of the present case, inter alia, are that on 10.01.2000, on making surprise inspection of UP. State Employees Welfare Corporation, Collectorate Depot, New Tehri carried out by Kailash Chanrda Tiwari, some irregularities were found at the time of physical verification, conducted in presence of Jiwan Chand Pandey incharge of that depot and found shortfall of Rs.30709.75/-. The items which were found short at the time of inspection are annexed with the information. Thereafter, the accused-Jiwan Chand Pandey apprised by his letter dated 28.02.2000 mentioning therein that Harsh Lal Bahuguna, who was the incharge of the counter and has deposited the entire shortage and the embezzlement was done by Harsh Lal Bahuguna. On the basis of said information FIR was lodged on 06.03.2000 at Police Station New Tehri against Harsh Lal Bahuguna.

(3.) During the course of investigation the accused Harsh Lal Bahuguna moved an application before the Investigating Officer and stated that the alleged crime was committed by one Jiwan Chand Pandey not by him. On the basis of said application charge sheet was submitted against Jiwan Chand Pandey under Sections 409, 468, 471 IPC. Accordingly, charge was framed under Section 409 of IPC against the present accused- Jiwan Chand Pandey.