STATE OF GUJARAT Vs. SHANABHAI DESAIBHAI PARMAR

JUDGEMENT

(1.) Respondent Shanabhai Desaibhai Parmar was the Sarpanch of village Bhumel Taluka Chaklasi Dist. Kheda in the month of March 1979. He collected Rs. 850/- from one Ishwarbhai Zaverbhai on 31-3-1979 towards the irrigation cess and issued a receipt signed Exhibit 21 by him. He also collected Rs. 100/- as irrigation cess from one Khushalbhai Bhagabhai and issued receipt Exhibit 24. He did not credit the amounts in the account of the Panchayat. It appears that a notice of demand was issued on 27-6-1979 by Vithalbhai who succeeded as a Sarpanch to the respondent demanding the amount from 357 him whereupon Ishwarbhai approached Vithalbhai and told him that he had paid the amount to respondent Shanabhai who had issued receipt for Rs. 850 A notice of demand was also served on Khushalbhai who also approached the Sarpanch and told him that he had paid Rs. 100/- to the respondent Shanabhai who had issued a recept. Ishwarbhai Zaverbhai on coming to know that the amount was not credited by Shanabhai approached Chaklasi Police Station and gave a complaint about this misconduct of the respondent Shanabhai. The Police Station Officer registered the offence and after necessary investigation submitted chargesheet against the present respondent for an offence punishable under Section 409 I.P.C Charge was framed against the respondent at Exhibit 3 for the above offence. The accused pleaded not guilty and claimed to be tried. In his statement recorded under Section 313 Cri. Pro. Code 1973 he denied to have received any such amount from these two persons but stated that he had nothing to say with regard to the receipts. He stated that he did not want to lead any evidence in defence.

(2.) The learned Judicial Magistrate on appreciating the evidence recorded before him reached the conclusion that the guilt if any of the respondent was not established beyond reasonable doubt and he was entitled to be acquitted. The learned Judicial Magistrate accordingly acquitted the respondent of the offence with which he was charged. Being dissatisfied with the same the State of Gujarat has filed this appeal.

(3.) It appears that a Revision Application being Cri. Revision Application No. 481 of 1980 was also filed by the original complainant but no order has been passed because appeal against acquittal was admitted by this Court.