STATE OF U.P. Vs. RAJ SINGH KUSHWAHA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 31.10.1980, passed by the Judicial Magistrate, 1st Class/District Muzaffarnagar, in case No. 1032/9-79, acquitting the accused-respondent Raj Singh Kushwaha of the charge under section 409, I.P.C., the State has filed this appeal. As per the prosecution case, the F.I.R. was lodged by the informant Ram Kishore Das on 28.3.1974 with Police Station Kotwali, District Muzaffarnagar alleging therein that the accused-respondent was posted as Assistant Agricultural Inspector at Liaqat Canj Seed Godown, District Muzaffarnagar during the period 5.12.1972 to 10.9.1973 and the agricultural department had entrusted the charge of stock of fertilizer to the accused-respondent.

(2.) On 10.4.1973 the accused-respondent was transferred from Muzaffarnagar to Saharanpur and the transfer order was communicated to him, but instead of handing over the charge of the godown, he proceeded on leave on the ground of illness, he was repeatedly asked to handover the charge of the stock but when he did not turn up, the Magistrate (Tehsildar, Muzaffarnagar) broke open the lock of the godown on 7.9.1973 and a list of stock was prepared.

(3.) On verification and cross checking of stock position, it was found that the fertilizer valued about Rs. 71,246.12 was short. The informant, i.e. District Agricultural Officer, lodged the F.I.R. with the police station and also informed his higher officers regarding the incident. The police made investigation and finally submitted the charge-sheet against the accused respondent under action 409 I.P.C.