STATE OF GUJARAT Vs. MADHUSUDAN LAVJI MEHTA

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment and order dated 31.7.1997 passed by the learned Judicial Magistrate First Class, Mundra, Kutchh in Criminal Case No. 97 of 1993, whereby, the accused-respondent has been acquitted for the offence punishable under sec. 409 of IPC.

(2.) It is the case of the prosecution that from 8.9.89 to 23.1.92 the accused- respondent was serving as Post Master in Mota Kandagar Post Office and has misappropriated the amount from the savings account nos. (i) 221433 Rs. 20,000/-, (ii) 221589 Rs. 7000/-, (iii) 221377 Rs. 400/-, (iv) 10069 Rs. 1000/-, (v) Indira Vikas Patra of Rs. 6000/- and (vi) Rs. 2000/- for new saving account. In all, as per prosecution case, the respondent has misappropriated Rs. 36,400/. After the completion of investigation and recording of the statement of complainant dated 29.7.1992, the complaint was lodged and charge-sheet was filed at ex. 8. The accused pleaded not guilty and therefore, the prosecution has examined following witnesses:

(3.) The prosecution has also produced several documents on the record of the case. After considering the evidence on the record of the case, the trial court has come to the conclusion that the investigation was not carried out properly and the statements of the witnesses were recorded by the Inspector of the Post Office which was not proper and is contrary to sec. 160 to 164 of CrPC and misappropriation is not proved beyond reasonable doubt and original documents were not produced by the Post office. In that view of the matter, ingredient of sec. 409 of IPC is not satisfied. In para-12 of the judgment, the trial court has considered the same.