STATE OF U.P. Vs. NAR SINGH

JUDGEMENT

(1.) -This is an appeal directed against the judgment and order dated 10.4.1979 passed by Munsif Magistrate, Jaunpur, in Criminal Case No. 175 of 1977 State Vs. Nar Singh under Sec. 409 I.P.C. relating to P.S. Kerakat district Jaunpur, whereby the learned Magistrate has acquitted the accused on a charge under Sec. 409 I.P.C.

(2.) In the year 1972 the accused was posted as a Kurk Amin in the Co-operative Department, Block Kerakat, Police Station Kerakat, district Jaunpur. His duty was to recover the dues from the public, who had taken loan from the Society and deposit the same in the account of the Society in the Co-operative Bank. This fact is admitted.

(3.) The prosecution case goes further that in discharge of his duties, the accused recovered Rs. 200.00 on 26.8.1972 from Dilwanta Pathak (P.W.3) and on 18.9.72 he recovered Rs. 763.00 from Jal Bharat Singh (P.W.4). But he did not deposit these amounts in the account of the Co-operative Society in the Co-operative Bank. This fact is also admitted.