STATE OF H.P. Vs. CHIRANJI LAL

JUDGEMENT

(1.) Accused Chiranji Lal was charge sheeted for having committed criminal breach of trust in respect, of an amount Rs. 10,275.26 P. during the period in between 21 -6 -1978 and 28 -4 -1979 and thus punishable Under Sec. 408 of the Indian Penal Code. He was acquitted by the learned Chief Judicial Magistrate, Kinnaur at Kalpa, vide his judgment dated November 25, 1981 aggrieved from which the State has filed the present appeal.

(2.) It has not been disputed before us that Chiranji Lal was working as an employee of Kinnaur district Co -operative Marketing Consumer Federation Ltd., Tapri, during the relevant period and further that he was Incharge of the Stores in his above said capacity.

(3.) Briefly stated the prosecution case against him was that he had sold goods worth Rs. 3,855.28P. and Rs. 4,869. 12P. vide Cash Memos marked P.l and P. 2 respectively but had failed to deposit the aforesaid sale proceeds. In addition, goods worth Rs. 1,550.86P. were found to be short during the physical verification of the stock conducted by Shri Dalip Singh (PW. 2) and Jiwan Lal from 21 -4 -1979 to 28 -4 -1979. The learned trial Magistrate, while acquitting the accused, held that it was a case involving civil liability and that no offence Under Sec. 408 of the Indian Penal Code was made out.