STATE OF MAHARASHTRA Vs. GOVIND NARHAR EVLEKAR

JUDGEMENT

(1.) This appeal is directed against judgement of learned Chief Judicial Magistrate, Latur, in Regular Criminal Case No. 84/1988. The State has challenged order of acquittal in respect of original accused Nos. 2 and 3. The learned Chief Judicial Magistrate held that charge for offence punishable under section 409 of the I.P. Code was duly proved only against original accused No. 1 Vishwanath and, therefore, convicted and sentenced him. The learned Chief Judicial Magistrate, however, held that the charge for misappropriation of the funds was not proved as against the original accused Nos. 2 and 3. They were acquitted of the charge on merits.

(2.) The prosecution case before the Trial Court was that original accused Nos. 1 and 2 misappropriated Rs. 4751.35 by manipulating false entries in the G.P.F. loan and salary accounts of two (2) employees. As regards original accused No. 3, it was alleged that he misappropriated an amount of Rs. 21,715/- in the year 1987.

(3.) The prosecution examined in all five (5) witnesses in support of the charge. I have perused the oral evidence tendered by the witnesses.