(1.) THIS appeal by the State is directed against the judgment dated 26.6.1999 delivered by the Judicial Magistrate Ist Class(II), Shimla, in Crl. Case No. 53/2 of 1998/95, whereby he acquitted the accused of having committed offences punishable under Sections 409, 467, 468 and 471 IPC.
(2.) THE undisputed facts are that the accused was working as In -charge of the Post Office at Jubberhatti, Tehsil & Distt. Shimla. One Ishwar Singh had opened a Saving Account and a Recurring Deposit Account in the said Police Office vide Account Nos. 712303 & 703732, respectively. According to the prosecution Ishwar Singh died on 28.5.1991. However, despite death of Ishwar Singh the accused person misused his position of In -charge of Post Office, forged the signatures of Ishwar Singh and withdrew a sum of Rs. 1599.55 paise on 19.7.1993 from Account No. 703732 and a sum of Rs. 3570.70 paise on 26.6.1993 from Account No. 712303. The prosecution case is that this fact came to the knowledge of the department only when one Devi Dass, Mail Overseer inspected the record of the Post Office. Thereafter, Devi Dass submitted his report Ext.PW -1/A and on the basis of this, the Superintendent of Police, Shimla filed complaint Ext.PW -1/B. On the basis of this complaint, F.I.R. Ext.PW -8/A was registered against the accused. The matter was investigated and after investigation the accused was challaned and was charged with having committed the aforesaid offences.
(3.) NONE of these facts have been proved.