STATE OF PUNJAB Vs. GURDEV SINGH

JUDGEMENT

(1.) VIDE letter No. DCA/PHG-77/E-10/7042 dated 27th August, 1977, District Commander Home Guards, Amritsar approached the SSP Amritsar for registration of a case under section 5(2) of the Prevention of Corruption Act and section 380 of the Indian Penal Code against accused Gurdev Singh, then posted as Company Commander in charge (Hqs.) Company (Urban) Amritsar, on account of having embezzled a sum of Rs. 32, 651/- during the period 21st May, 1976 to 25th July, 1977. On its basis, FIR No. 238 of 1977 was registered against the accused in Police Station 'A' Division, Amritsar on 28th August, 1977, under section 5(2) of the Prevention of Corruption Act 1949, and section 380. of the Indian Penal Code.

(2.) IN the course of trial on 10th August, 1982, learned Special Judge. Amritsar dropped the charge under section 5 (2) of the Prevention of Corruption Act and sent the case to learned Chief Judicial Magistrate for trial of the accused under section 409 of the Indian Penal Code. Learned Judicial Magistrate Ist Class, Amritsar, on 4th March, 1984, convicted accused Gurdev Singh under section 409 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of one year and to pay Rs. 1,000/- as fine. In default of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of three months. In appeal filed by the accused Gurdev Singh against the judgment dated 4th April, 1984 of the learned Judicial Magistrate Ist Class Amritsar, learned Sessions Judge Amritsar vide his impugned judgment of 11th June, 1984, acquitted the accused. The State Government of Punjab has assailed it by filing Cr. Appeal No. 563-DBA/1984 in this Court.

(3.) RELEVANT portion of the impugned judgment of acquittal dated 11th June, 1984 reads :-