(1.) This appeal is directed against the judgment and order dated 31.3.1993 passed by the learned 2nd Jt. Judicial Magistrate, First Class, Gandhinagar in Criminal Case No. 3196 of 1984, whereby, the respondent was acquitted of the offences punishable u/s. 409 of IPC.
(2.) The brief facts of the prosecution case are as under:
(3.) That during the period from October 1981 to March 1982 the opponent was in-charge of the Primary Health Centre, Pethapur as a compounder, has misappropriated an amount of Rs. 760.40ps. To prove the case against the opponent, the prosecution has examined complainant, Account Officer of the District Panchayat, Health Officer of the District Panchayat, Medical Officer of Primary Health Centre, Pethapur and Shri HB Chavda, PSI, Pethapur Police Station.