STATE OF GUJARAT Vs. CHAUDHARI KANJIBHAI GODADBHAI

JUDGEMENT

(1.) The appellant-State of Gujarat, has preferred this Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 06th November 2004 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Patan, in Criminal Appeal No.01 of 2004, whereby the learned Judge has quashed and set aside the judgment and order of conviction dated 31st December 2003 passed by the learned Chief Judicial Magistrate, Patan, in Criminal Case No.13 of 2002, and acquitted the respondentoriginal accused from the charges levelled against him.

(2.) The short facts of the prosecution case is that the respondent-accused in connivance with other accused person committed fraud by purchasing medicine between the period 15th October 1988 and 25th August 1991. It is further the case of the prosecution that the respondent-accused had made payment of medicines though the said medicines were not received in the hospital. It is also the case of the prosecution that the accused person also sold the medicine and equipment in the open market and thereby shown less stock in the hospital and thus, they have committed misappropriation of government money to the tune of Rs.02,52,763.90 paisa. Therefore, complaint was filed against the accused person in the Chanasma Police Station for the offences under Sections 420, 467, 468, 409 and 114 of the Indian Penal Code. After investigation, charge-sheet came to be filed against the respondent-accused in the Court of learned Chief Judicial Magistrate, Patan.

(3.) Thereafter the trial was conducted before the learned Magistrate. After considering the oral as well as documentary evidence the learned Magistrate by his judgment and order dated 31st December 2003 held the respondentaccused guilty of the offence under Sections 409 and 114 of the Indian Penal Code and ordered to undergo rigorous imprisonment for six months and fine of Rs.05,000/- i/d to undergo rigorous imprisonment for further period of one month. The learned Magistrate was pleased to acquit the respondent-accused from the offences under Sections 420, 467 and 468 of the Indian Penal Code.