STATE OF U.P. Vs. MAHENDRAPAL

JUDGEMENT

(1.) This is an appeal on behalf of State of Uttar Pradesh against the judgment and order dated 14-11-1979 passed by Sri Pratap Singh, the then Chief Judicial Magistrate, Pauri Garhwal in criminal case No. 691 of 1977 acquitting the accused Mahendra Pal.

(2.) The prosecution case briefly stated is that the accused had been posted as Assistant Potato development Inspector at Thalisen district Pauri Garhwal since 26th Nov., 1969 to Sept. 1972. He had received on 3-8-1971 and 9-3-1972 potato worth Rs. 5992.88 paise in the aforesaid capacity for distribution to the cultivators. But he did not submit the account in respect of the said potato, nor did he deposit the value thereof in the department concerned. Consequently he is alleged to have intentionally misappropriated the said potato or committed the embezzlement in respect of the amount thereof. This being so, a written report was made by Sri B.L. Tyagi, the then Potato Development officer, Pauri Garhwal for registration of a case against the accused Mahendra Pal. On that basis a chik report was prepared and a case was registered against him. The case was investigated into and after the completion of the investigation a charge-sheet was submitted against him.

(3.) The prosecution examined seven witnesses named Banshidhar Yadav (P. W. 1), Narendra Kumar (P.W. 2), Purmanand Uniyal (P.W. 3), B. L. Tyagi (P.W. 4), Chandan Singh (P.W. 5), Rajendra Prasad (P.W. 6) and Asha Ram (P.W. 7) and relied upon certain documents in support of its case.