STATE OF HIMACHAL PRADESH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) Respondent was a Sub Inspector in the Food and Civil Supply Department at Chamba w.e.f. June, 1984 to June 1986. He was chargesheeted, tried and acquitted for the offences punishable under Sections 409 and 420 Indian Penal Code for allegedly misappropriating wheat weighing 486 quintals and 52 kgs. amounting to Rs. 1,20,054/- thereby causing loss to the corporation, as he failed to count for it.

(2.) Heard and gone through the record.

(3.) The entire case of the prosecution hinges upon the statements of PW1 Rattan Chand complainant, PW5 Mahinder Chand and PW22 Food Inspector Krishan Dev. As per prosecution case, the aforesaid officials went to take charge of the godown at Durgathi which was under the charge and control of accused-respondent and noticed the shortage to the above extent. Significantly PW1 Rattan Chand is stated to have lodged the FIR qua shortages but when examined in the Court he stated that accused-respondent was deployed in the godown at Durgathi and Tundah which were of the State Food and Civil Supplies Department. The said godowns mainly received wheat from the godown at district Chamba. According to the complainant aforesaid, on clinching the stock, the accused was found to have shown less wheat, as compared to actual wheat received and had no explanation for the shortages. But this witness could not depose how much wheat was supplied to the accused during his tenure in the said godown. He simply stated that details thereof have been supplied by him in the FIR Ext. PW1/A. There is absolutely neither any evidence of entrustment of the wheat to the accused nor any stock register was ever produced and proved in evidence during the trial. In absence of the stock register and also its physical verification, it cannot be said if any wheat was entrusted to the accused-respondent and if so how much and also there is no evidence that the record maintained by the accused was incorrect. He categorically stated that he did not personally check the godown. Therefore, no reliance can be put on his statement.