(1.) BOTH these appeals are arising out of FIR No. 61/1995, under Section 409 Indian Penal Code wherein same set of witnesses have been examined before the learned trial Court to prove the charge with respect to different years. Thus to avoid conflicting judgments, both the appeals have been taken up together for decision.
(2.) RESPONDENT was Extra Departmental Branch Postmaster, in P and T Department at Sidhpur. It is alleged that in the year 1992, while posted as such, he embezzled the amount of the depositors and did not count for it. A complaint to this effect was received by the Sub Divisional Inspector Postal Jogindernagar Shri Uma Dutt Gautam. On inquiry, prima facie, he came to the conclusion that the amount deposited by Biasa Devi, Megh Singh, Parma Ram, Bimla Devi, Rohit Kumar, Lal Man Prasher, Kanta Devi, Meera Devi, Soma Devi and Snachri Devi in their RD saving accounts was handed over to him which was not deposited in their respective accounts. The total amount so embezzled was 9748/ -. Thus a compliant was sent on 22.9.1994 to SHO Sarkaghat for the registration of the case and investigation.
(3.) ADMITTED writings and specimen signatures of the Respondent were obtained and sent to the Government Examiner of Questioned Documents for its comparison.