STATE OF MAHARASHTRA Vs. YESHWANT VITHOBA MORE

JUDGEMENT

(1.) AGGRIEVED by the Judgment and order dated 28-10-1983, passed by the Chief Judicial Magistrate, Thane, in Case No. 10038 of 1980, acquitting the respondent for an offence punishable under section 409 I. P. C. , the State of Maharashtra has preferred the present appeal under section 378 (1) Cr. P. C.

(2.) THE prosecution case in brief is that the respondent was a Police Head Constable attached to Kasa Police Station during the period 4-10-1976 to 8-10-1976 and 6-2-1977 to 19-10-1977. He was given duty of writer constable. During this period, he received cash of Rs. 1493. 50 towards supplementary bills, Rs. 700/- towards Motor vehicle deposit, Rs. 260/- towards copying fee and Rs. 603/- as contingency amount which he misappropriated and converted for his use. The total misappropriation is shown as Rs. 3406. 40 ps. According to the prosecution, the Additional D. S. P. Shivtarkar in his inspection note found that there was misappropriation of accounts in Kasa Police Station and consequently, asked P. W. 1 Pandharinath Patil an Accountant in the D. S. P. Office, Thane to visit the Police Station and check the accounts. Pandharinath Patil consequently visited Kasa Police Station. During the enquiry, he did not find cash books and account books at the Police Station. He made inquiries from S. I. Gurule and the same revealed that the respondent was looking after the accounts. He also found that cash book of Kasa Police Station was not written for the period from 15-10-76 to 19-10-77. On making detailed inquiries, he found that there was no account of Rs. 38,569. 87 at the Police Station. Hence, he made a report to the Dy. S. P. Office Exhibit 20. Thereafter, investigation was given to the C. I. D. The C. I. D. investigated the matter and came to the conclusion that misappropriation was only to the extent of Rs. 3406. 40. It (investigation) also revealed that respondent was in charge of the accounts as Writer Head Constable. Consequently, a charge sheet under section 409 I. P. C. was submitted against him. 2a. In the trial Court, the respondent was tried for an offence under section 409 I. P. C. He pleaded not guilty to the said charge and claimed to be tried. His defence was that he was not writer Head Constable during the period 4-10-76 to 8-10-76 and 6-2-77 to 19-10-77. In other words, he denied misappropriation of the amounts at the Kasa Police Station.

(3.) DURING the trial, the prosecution examined only two witnesses namely P. W. 1 Head Constable Pandharinath Patil and Police Constable Shaligram Shandilya, P. W. 2. After assessing the evidence adduced by the prosecution, the trial Magistrate vide impugned Judgment acquitted the respondent.