STATE OF M P Vs. GAJANAND

JUDGEMENT

(1.) This appeal has been preferred under section 378 (1)/ (3) of Code of Criminal Procedure 1973 by the State appellant challenging the judgment dated 10/10/1995 passed by Judicial Magistrate, First Class Bhurhanpur in Criminal Case No. 2349/1984, acquitting the respondents of the charge under section 409 IPC.

(2.) Facts of the case, in short, are that on respondent no.1 Gajanand was the Samit Sevak and respondent no.2 Nathu was the Salesman in Seva Sahkari Samit Khamni since 21/01/1981. The aforesaid Society was undertaking the work of public distribution and agriculture finance. On having some doubt of working of the respondents in respect of distribution of sugar, kerosene etc. Anna Rao, Branch Manager, Zila Sahkari Kendriya Bank Branch-Shahpur (PW-1) directed Amritlal, Supervisor (PW-3) to make physical verification of the stock, inspect the records and to submit a report. On 15/03/1983 PW-3 submitted report Ex.P-1 showing the shortage in stock of sugar, kerosene, cereals etc to the tune of Rs.11,209.36 paisa. After about a period of 2 months on 24/05/1983, PW-1 submitted a written report Ex.P-2 to Police Station-Shahpur. A case at Crime No. 219/1984 under section 409 IPC was registered against the respondents.

(3.) After due investigation, police submitted a charge sheet in trial court. Trial court framed charge under section 409 IPC against the respondents. Respondents abjured guilt. To substantiate case of the prosecution, statements of Anna Rao, Branch Manager, Zila Sahkari Kendriya Bank Branch-Shahpur (PW-1), Yashwant Rao, Samit Sevak (PW-2), Amritlal, Supervisor (PW-3), and Kashinath (PW-4), were recorded. Defence of the respondents was that of false implication. After appreciation of aforesaid evidence, Trial Court considering the evidence of the prosecution to be doubtful and acquitted the respondents of the charge under section 409 IPC.