STATE OF H.P. Vs. PIAR CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 22.3.2002 passed by the learned Judicial Magistrate Ist Class, Dharamshala, whereby he acquitted the accused of having committed an offence punishable under Section 409 of the Indian Penal Code.

(2.) THE admitted facts of the case are that the accused was Pradhan of Gram Panchayat, Banuri in the year 1996 -1997. It is also not disputed that on 6.5.1996, the Panchayat received a cash prize of Rs.6,000/ - from the Department of Health. This amount was deposited in the account of the Panchayat in the State Bank of Patiala on 28.5.1996. Later the Pradhan allegedly withdrew an amount of Rs.5,600/ -on 28.5.1996 itself and thereafter withdrew the balance amount of Rs.400/ -on 19.6.1997 and the account was closed. According to the prosecution, this amount was deposited in the account of the Panchayat opened in the Post Office on 5.7.1997.

(3.) THERE is no manner of doubt that the accused was a public servant. He has also not denied the receipt of amount concerned. His explanation is that he was using the amount for the work of Panchayat itself and since the Secretary at the relevant time was almost blind, the entries were not being properly made in the Cash Book. Earlier the Panchayat had an account in the State Bank of Patiala, but later on this account was closed on 19.5.1997 and thereafter the Panchayat opened an account in the Post Office on 5.7.1997. On the same day, a sum of Rs.12,000/ - was deposited in the Post Office by the accused -Pradhan.