STATE Vs. DURGA PRASAD AGARWALLA

JUDGEMENT

(1.) THIS is an appeal against the judgment of acquittal passed by the learned Sub -Divisional Magistrate, Jaipur in a case under Section 406, Indian Penal Code.

(2.) THE Respondent Durga Prasad Agarwalla was the Transport Manager, Tamka Iron Mines. A sum of Rs. 1,228.49 being the compensation fees realised in some forest cases had been entrusted to him for the purpose of depositing the same into Government account. He failed to make the payment inspite of several notices. Thereupon a case under Section 405, Indian Penal Code was instituted and the accused was put on trial. Four witnesses for the prosecution were examined -two were Forest Guards, one was a Range Officer and p.w. 4 was a Forester.

(3.) EXTS . 34 and 37 which are two letters written by the Respondent to public officers may now be extracted: