STATE OF MADHYA PRADESH Vs. GOVIND SINGH

JUDGEMENT

(1.) The appellant/State has preferred this appeal under Section 378(3) of the Cr. P.C. feeling aggrieved by the impugned judgment of acquittal dated 16-11-2005 passed by JMFC, Mahidpur, Ujjain in Criminal Case No. 101/2005, whereby acquitted the respondent accused from the charge under Sections 467, 471, 420 and 468 of the IPC.

(2.) Brief facts of the case are that the respondent/accused at the relevant time was working as Secretary of the village panchayat Kachariya. It is alleged that he had withdrawn an amount of Rs. 20.000/- from the State Bank of Indore branch Mahidpur from the panchayat account No. 01 /1000-50183, for the construction of the boundary wall of the panchayat building of the village concerned. It is alleged that on investigation, it is found that the cheque has been produced by the respondent/accused contained the forged signature of the Sarpanch Abdul Aziz, on the basis of this, police Mahidpur had registered a criminal case under Sections 420, 467, 468 and 471 of the IPC against the respondent/Secretary of the panchayat concerned and after investigation filed the charge-sheet before the JMFC, Mahidpur. The learned trial Court after due appreciation of the entire evidence on record, by impugned judgment dated 16-11-2005, acquitted the respondent/accused from the aforesaid charges on the ground that first of all it is not proved that the respondent accused has committed any criminal breach of trust and used the withdrawalamount of Rs. 20,000/- for his own benefit with ulterior motive. Feeling aggrieved by the aforesaid judgment of acquittal, the State has preferred this appeal after obtaining leave to appeal under Section 378(3) of the Cr. P.C.

(3.) Having heard the learned counsel for the appellant as well as the counsel for the respondent and perused the record.