(1.) THIS is State appeal against the judgment dated November 26, 1984, passed by the Sub Divisional Judicial Magistrate, Tarn Taran, whereby he acquitted Jaspal Singh, accused, of the offences under Sections 409/466 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
(2.) FACTS of the prosecution case are as under :- In January. 1978, accused Jaspal Singh was posted as Additional Warehousing Manager at Tarn Taran in the Punjab State Warehousing Corporation. On January 23, 1978, Shri Harsharan Singh (P.W. 10), Assistant Storage and Technical Officer of the Corporation visited the State Warehouse at Tarn Taran and inspected the godown No. 13 of fertilizer and noticed the discrepancies in the same :
(3.) THE prosecution, in support of its case, examined Kishore Chand (PW1), Chaman Lal (PW 2), Sub Inspector Mela Ram (PW 4), Manga) Dass, Inspector (PW5), Kulbhushan Kumar Bagga (PW 6), H. L. Dhawan (PW 7), S.S. Sandhu (PW 8), Dial Singh (PW 9) and Harsharan Singh (PW 10).