STATE OF HIMACHAL PRADESH Vs. SADA NAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 18.2.2003 passed by learned Judicial Magistrate Ist Class, Kandaghat, District Solan, whereby he acquitted accused Diwakar Dutt of having committed offences under Sections 409 and 408 read with Section 120 -B I.P.C. and accused Prem Singh of having committed offence under Section 409 read with Section 120 -B I.P.C. and Section 477 -A I.P.C.

(2.) IT would be pertinent to mention here that by the same judgment one Sadda Nand was convicted of having committed offences under Sections 408, 468 and 471 I.P.C. and was sentenced to undergo imprisonment and to pay fine for these offences.

(3.) THE allegations against Sada Nand was that without the consent and knowledge of the Managing Committee, he withdrew certain amounts from the account of the Society through cheques. The prosecution case was that the amount was used for the purchase of articles of sale in the Fair Price Shop of the Society and that these cheques bore forged signatures of Diwakar Dutt.