STATE OF PUNJAB Vs. BAJ SINGH

JUDGEMENT

(1.) THE State of Punjab has challenged in the present appeal the order of acquittal recorded by Mrs. Bakhshish Kaur, Additional Sessions Judge, Amritsar dated 16.1.1990.

(2.) RESPONDENT -Baj Singh son of Gajjan Singh was convicted and sentenced to undergo R.I. for one year and to pay a fine of Rs. 100/- or in default of payment of fine to further undergo R.I. for a period of three months by Judicial Magistrate 1st Class, Tarn Taran. Baj Singh aggrieved, carried an appeal against the order of conviction and sentence which came up for final adjudication before Mrs. Bakhshish Kaur, Additional Sessions Judge, Amritsar and as referred to above Baj Singh was acquitted and as consequence thereof his appeal was allowed, it is against this order that the present appeal has been filed. Brief facts of the case as projected by the prosecution are that Mr. Piara Singh, Block Development and Panchayat Officer, Chohla Sahib addressed a letter to the Senior Superintendent of Police, Amritsar on 6.4.1985 and brought to his notice that respondent-Baj Singh, a Superintendent was not accounting for a huge amount. He had received 100 store bins of the capacity of one ton from Agro Industries Corporation, Ludhiana on 5.7.1982 valued at Rs. 37,200/- but the payment had not been made to the concerned firm. Baj Singh was also not depositing the amount in the office. On the basis of letter, aforesaid case was registered against Baj Singh under Section 409 of the Indian Penal Code. There is no need to give further details of the case as the only point that has been mooted at present by the learned counsel representing the appellant-State is that while passing an order of acquittal, Additional Sessions Judge did not discuss any evidence and by simply observing that there was no evidence whatsoever with regard to misappropriation of the entrusted items to Baj Singh, he deserved to be acquitted.