STATE OF H P Vs. BISHAN SINGH

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 13.03.2007 by the learned Additional Sessions Judge, Shimla, in Cr. Appeal No. 4-R/10 of 04/01, whereby the learned Additional Sessions Judge, Shimla, camp at Rohru, acquitted the respondent (for short 'accused') for the offences charged.

(2.) The brief facts of the case are that respondent accused applied to the 'Corporation' for loan to enable him to install a rope way. The loan was sanctioned to him. He executed some documents. So long as the loan was not repaid, as per the terms of the agreement, the appellant could not in any way misappropriate, sell or dispose off in any manner the machinery or accessories, etc. It is alleged against him that in violation of such terms of agreement, he disposed off the machinery, assets, etc. to one Kundan Lal and thereby committed breach of trust, as these assets etc. were in trust with him so long as the loan had not been repaid. At this complaint Ext.PW-1/A was made which resulted into the registration of the F.I.R. After registration of the F.I.R. the matter was investigated. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.) The accused stood charged for his committing offence punishable under Section 406 of the Indian Penal Code to which he pleaded not guilty and claimed trial.