STATE OF HIM ACHAL PRADESH Vs. KALU RAM

JUDGEMENT

(1.) The present appeal has been directed by the State against the judgment dated 5.12.1987 of the Additional Sessions Judge (II), Shimla allowing the appeal of the respondent against the conviction and sentence imposed upon him under Section 409, Indian Penal Code by the learned Chief Judicial Magistrate, Shimla on 30th June, 19 87, thereby the conviction and sentence was set -aside and the respondent was acquitted of the said offence.

(2.) Briefly stated, the prosecution story is this. The respondent Kalu Ram at the relevant time was working as a Cashier in the office of the Deputy Director, Agriculture and in such capacity he was maintaining and looking after the cash transactions of the Department. During the course of physical verification of the cash, a sum of Rs.2965.20 paise was found in the chest as against the balance in hand of Rs.66, 238.61 paise as shown in the cash book. During the course of such checking, vouchers showing the disbursement of Rs.34699 -65 paise were also recovered. In order to assess the correctness of the accounts and the cash balance in hand a departmental Auditor was appointed. Such Auditor after going through the accounts found the respondent having committed criminal mis -appropriation of the amount of Rs.28.573 -76 paise.

(3.) On the basis of the report made to the police a case under Section 409, Indian Penal Code came to be registered vide F.I.R. No.25/80 with police station East, Shimla. After necessary investigation on a case having been found against the respondent, he was accordingly arrested, challaned and sent up for trial.