STATE OF MADHYA PRADESH Vs. HARI MOHAN

JUDGEMENT

(1.) THIS is an appeal by the State Government against an order of acquittal.

(2.) THE respondents (hereinafter referred to as 'the accused') are employees of the Nepa Mills, which is a Government undertaking, and are as such public servants. The accused Harimohan, aged 38 years, is the Stores Officer, the accused Majiri Karunakaran, aged 40 years, is the Stores-keeper, while the accused Suresh Cihand Negar aged 33 years is the Assistant Stores-keeper of the said mills, On 24-1-1969 on a physical verification of the stock of mercury flasks, six such flasks valued at Rs. 35,000 were found short. So far the facts were not disputed before us.

(3.) THE case for the prosecution was that as the said flasks were in charge of the accused at the material time and they had offered no plausible explanation for the shortage, they were guilty of criminal breach of trust. They were, therefore, prosecuted and tried on a dharg under Section 409 read with Section 34 of the Indian Penal Code. The accused abjured their guilt and were acquitted after trial by the Additional Sessions Judge, Kihandwa. This appeal la directed against the said order of acquittal.