STATE Vs. RAJARAM.

JUDGEMENT

(1.) This appeal preferred by the State aggrieved by the order of Acquittal. On the basis of out come of the enquiry conducted under the Co-operative Societies Act, pursuant to the internal audit report, case was registered by the CCIW CID, Namakkal Unit in Cr.No:1 of 2000 and taken up for investigation.

(2.) The final report laid against the respondents 1 and 2, who were the Salesmen in charge of General Sec. and Shop No. 4 respectively at Salem Ponni Super Market, Namakkal Branch. The charge against them framed for offences under Ss. 408, 477 and 120(B) IPC alleging that during the internal audit, it was found that between 01/04/1996 and 31/01/1997, while working as salesmen, they conspired together and failed to maintain the stock registers and sales accounts for the groceries entrusted to them. They fabricated documents together and misappropriated stock worth Rs.5,22,758.50 and Rs.4,81,414.85 respectively.

(3.) The prosecution has relied upon 21 witnesses and 137 documents to bring home the charges framed against the accused persons for offences under Ss. 408, 477 and 120B IPC. However, the trial Court found that there is no material to hold A-1 and A-2 conspired together to commit the offences alleged. They both were working in two different places as salesmen. One at General Sec. and another at shop No. 4.