STATE OF H.P. Vs. CHET RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement of the learned Additional Chief Judicial Magistrate, Arki, District Solan, dated 14.3.2002 whereby the accused has been acquitted of having committed offences punishable under Sections 408 and 409 Indian Penal Code.

(2.) THE prosecution story, in brief, is that the accused Chet Ram, at the relevant time, was working as Branch Postmaster in Saryanj. In that capacity he used to receive money from the general public to be deposited in the accounts maintained in the post office. Two persons Krishan Lal and Jamana Dass were alleged to have their accounts in branch post office, Saryanj.

(3.) THE learned trial Court acquitted the accused on the ground that the prosecution has failed to prove that the accused was guilty of misappropriation of any amount since the persons whose amount were allegedly misappropriated did not support the prosecution case.