STATE OF HIMACHAL PRADESH Vs. RAJPAL

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 29.6.1992 passed by the learned Judicial Magistrate 1st Class (II), Amb, Distt. Una, H.P., whereby the respondent - accused Raj Pal Singh (hereinafter referred to as the accused) and one Ved Bhushan (since deceased) had been acquitted of a charge under Section 408IPC.

(2.) Brief facts leading to the presentation of this appeal, are as follows:

(3.) The accused remained posted as Branch Manager in the Kangra Central Co -operative Bank, Amb Branch, from 11.9.1974 to 8.11.1980 and deceased Ved Bhushan was the cashier in the said branch of the bank from 3.10.1973 to 15.10.1980. On inspection of the working of the said bank, the then Deputy General Manager found that the accused and Ved Bhushan had indulged in mal practice, were negligent in the discharge of their duties and had misappropriated the funds of the bank by cheating and forgery and thereby caused actual loss of Rs.3,44,034.24 to the Bank. Accordingly he submitted a report Ex.PW -3/A to the General Manager of the bank, who forwarded the said report alongwith his complaint Ex.PW -1/A to the Superintendent of Police, Una, Distt. Una. Consequently, a case under Sections 409,467,468, 471,420 IPC was registered in Police Station, Amb .On investigation by the police, it was found that the accused and the deceased drew and misappropriated a sum of Rs.1, 74,950/ - by forging the bank accounts of different persons and in connivance with Prem Sagar drew Rs.1, 87,000/ - from the bank after using it for their personal purposes re -deposited the amount in the bank by forging the records. Therefore, the officer incharge, Police Station, Amb submitted a charge sheet against the accused and the deceased under Sections 409,420,468,471,201/34 IPC and against accused Prem Sagar under Sections 420/120 -B/471 IPC. The learned trial Magistrate, vide order dated 16.3.1987 discharged accused Prem Sagar and framed a charged under Section 408 IPC against the accused and deceased Ved Bhushan. To prove the charge against the accused, prosecution examined 11 witnesses. Statements of the accused under Section 313 Cr. P. C. were recorded. One witness was examined in defence. Finally, the trial resulted in acquittal of the accused. Hence the present appeal.