STATE OF H.P. Vs. SHANKROO

JUDGEMENT

(1.) THE present criminal appeal has come for consideration by virtue of granting leave to appeal under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 26th February, 1997, passed by learned Additional Chief Judicial Magistrate, Theog, District Shimla, H.P., in Case No. 5 -1 of 1984, for alleged offence under Sections 409, 420, 467, 468 read with Section 34 of the Indian Penal Code, whereby, the alleged accused / respondent was acquitted.

(2.) PROSECUTION case was that the respondent / accused had mis -appropriated the customers' money, which were given to him for depositing in their respective accounts. Main allegations, levelled against the respondent / accused, are as follows:

(3.) PROSECUTION witness Kanshi Ram died during the pendency of the case, as such, he could not be examined, however, the prosecution could not produce any evidence to prove that Kanshi Ram deposited the cash of Rs. 7200/ - and the same was handed over by Kanshi Ram to respondent / accused Shankroo, the then Manager of the bank, in order to deposit the same in his saving bank account and that the respondent / accused mis - appropriated the same, as such, the first allegation, levelled against the respondent / accused, cannot be said to have been proved.