STATE OF HIMACHAL PRADESH Vs. NAND LAL

JUDGEMENT

(1.) THIS appeal is directed against the order, dated 6th June, 1976, of Judicial Magistrate 1st Class Sundernagar by which respondent was acquitted.

(2.) THE brief facts are that the re-pondent was the Pradhan of Gram Pan chayat Haraboi in the year 1965-66 and was entrusted with funds for being utilized for the benefit of the Panchayat or the residents of its area. Shri Dharam Singh (P. W. 1) audited the accounts of the panchayat and found that there was misappropriation of Rs. 1013-97. The respondent did not deposit this amount in spite of repeated requests. The respondent was suspended, vide order of Director of Panchayats Himachal Pradesh dated 16th June, 1970, and an enquiry was ordered. Shri D. N. Vaidya (P. W. 2) enquired into the matter and found that the respondent had embezzled (a) Rs. 846/- by keeping a bill as payee's receipt and (b) Rs. 34. 86 by giving wrong total on the T. A. bill. The respondent was given opportunity to deposit the amount but he failed to do so with the result that the District Panchayat Officer vide letter dated 18th Nov. 1971. requested the Superintendent of Police Mandi to register a case of misappropriation against the respondent. On this information a case under Section 406 I. P. C. was registered against the respondent on 4th Dec, 1971 vide report No. 53/71 with the Police Station Karsog. After investigations, the challan was put in the court of Magistrate, Sundernagar and the following charge was framed against the respondent on 24th April 1973: That in the year 1965-66 at village Harabohi you being a Pradhan of Graim Panchayat Harabohi, and in such capacity were entrusted with Rs. 880-87 paise which you misappropriated to with Rs. 846. 00 paise by keeping a bill as payee's receipt and Rs. 34. 87 paise by giving wrong total of the bill and thereby committed criminal breach of trust in respect of the said amount as punishable under Section 409 I. P. C. and within my cognizance.

(3.) THE respondent did not plead to the charge.