THE STATE OF ORISSA Vs. SATYANDRANATH MISRA

JUDGEMENT

(1.) THIS is an appeal filed by the State against an order of acquittal passed by the Additional District Magistrate (Juditial), Sambalpur Sundargarh in a case wherein the Respondent Satyandranath Misra stood charged under Section 409, Indian Penal Code on the allegation of having committed criminal breach of trust in respect of Rs. 13,481.33 paise while working is Assistant Nazir of Jharsuguda Tahasil Office.

(2.) THE case against the accused Respondent was thus:

(3.) THERE are ten witnesses for the prosecution and none for the defence. Out of the p.ws. the Head of the Tahasil Office is the Tahasildar (p.w. 1). p.w. 2 is the Chowkidar of the office, p.w. 3 is the peon and p.w. 5 is a clerk of the Tahasil Office. P.w. 6 is the Police constable on duty on the evening of 30 -12 -1967 when the Respondent admittedly (in the evening) had gone to the office with two of his friends and did something in the Nizarat office room. p.w. 7 is the Head Clerk of the Office who was sent for on 31 -12 -1967 and the cash book Ext. 1 which was incomplete was brought up to date, cash checked, verified and the actual shortage quantified. P.ws. 4 and 8 are two outsiders and friends who had accompanied the Respondent on 30.12.1967 evening, p.w. 9 is the permanent Nazir who was on leave and p.w. 10 is the Investigating Officer.