STATE OF M P Vs. JAI SINGH

JUDGEMENT

(1.) APPELLANT /State has directed this appeal against the judgment dtd. 11.1.1994 delivered by Judicial Magistrate. First Class. Dewas in Criminal Case No. 594/94 thereby acquitting the accused respondent of the charge under S. 409 of the Indian Penal Code.

(2.) CASE of the prosecution in brief is that - In the month of December, 1980 the respondent was posted as LDC in the office of the Dy. Director, Agriculture at Dewas entrusted with the work of accountant. At the same time PW 5 - Brijlal Singh was working as incharge - Dy. Director, Agriculture in the same office. It is stated that the accused respondent, without any information remained absent in the office since 17.12.1980 did not hand over the charge of accountant to Mulchand working in the same office, despite the orders dtd. 1.12.1980 of Brijlal Singh. On 18.12.1980 the almirah and the cash box given in possession of the respondent, were sealed and on verification of the cash box, it is found that about Rs. 34,721.85 were missing from the cash box. The matter was reported to the higher officers by the Dy. Director, Shri B.L. Singh and thereafter a report was lodged at police station Kotwali, Dewas against the respondent under S.409 of the IPC. The police investigated the case and on completion of investigation charge sheeted the respondent for the offence punishable under S.409 of the IPC.

(3.) I have heard Shri G. Desai, D.A.G. appearing for the State and Shri D.M. Kulkarni, learned counsel for the respondent.