STATE OF HP Vs. CHET RAM

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 6.12.1995 passed by learned Sessions Judge, Hamirpur in Criminal appeal No. 16 of 1994, thereby acquitting the respondent / accused in an appeal under Section 374 Cr.PC, against the judgment of conviction and sentence dated 22.9.1994 passed by the learned Chief Judicial Magistrate, Hamirpur for the offence under section 409 of I.P.C.

(2.) The prosecution case is that the accused while posted as Weaving master in H.P. State Handicrafts and Whether the reporters of the local papers maybe allowed to see the judgment? Handloom Corporation Ltd ( in short `Corporation') in the branch office at Hamirpur, as daily wager was entrusted with the store and stock of production and procurement unit during the year 1982-83 and later on shortages to the tune of 85,492.44 paise was found during audit. Accused/respondent was charged for the above said offence and after investigation the case was tried by the learned Chief Judicial Magistrate. Accordingly, accused/ respondent was convicted and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1000/- failing which to undergo simple imprisonment for one month.

(3.) According to the learned counsel, the accused already faced the prosecution for criminal misappropriation of the property worth Rs.68606.05 P and although the year of such misappropriation is described to be 1983-84, yet the amount of Rs. 68606.05 P is also inclusive of the amount involved in the present case which is to the extent of Rs. 23856.60 P and thus according to learned counsel on the short ground alone, the impugned judgment of conviction and sentence is liable to be set aside. Learned counsel further contended that the entire oral and documentary evidence in the previous case is identical as in the instant case and the prosecution by no stretch of imagination can be said to have succeeded in bringing home the guilt against the accused in the instant case.