STATE OF GUJARAT Vs. PRABHATSINH BHULABHAI PARMAR

JUDGEMENT

(1.) HEARD Mr. L R Pujari, learned APP for the appellant-State of Gujarat and Mr B C Dave, learned advocate for the opponent.

(2.) THE learned Judicial Magistrate First Class, Jhalod, by judgment and order passed on 15. 6. 1995 in Criminal Case No. 907/87 by which respondent-Prabhatsinh Bhulabhai Parmar was acquitted of the offence under section 409 of the Indian Penal Code. Against the said judgment and order , this appeal has been preferred by the State of Gujarat.

(3.) AS per the prosecution case, the present respondent was serving as Talati-cum-Mantri during the period 13. 9. 1983 to 25. 11. 1986 in Jhalod Taluka. It is alleged that during the period from 22. 2. 1984 to 31. 7. 1986, he collected revenue of land, education tax, Taluka Panchayat Tax and other amounts from the people of Jalod Taluka, but the said amount was not deposited in the Government Treasury, though he has issued receipt. When this fact has come to the knowledge of the Taluka Development Officer - the competent authority, Ninama Hirabhai Mansinghbhai, Taluka Panchayat, Jhalod lodged a complaint before the PSO, Jhalod police station and offence was registered as CR. I 54/87. During the investigation, books of accounts were seized by the Investigation Officer and statement of the relevant witnesses were recorded and thereafter charge sheet was filed for offence under section 409 of IPC. Learned trial court has framed charge Exh. 9. The accused denied the charges levelled against him and claimed to be tried.