STATE OF H P Vs. LAXMI SINGH

JUDGEMENT

(1.) STATE has filed this appeal against the judgment passed by the learned Sessions Judge (Forest), Shimla dated 16th June, 1992. While allowing the appeal, respondent who was charged, tried as well as convicted for offence under Section 408 I.P.C. to undergo 3 years simple imprisonment as well as to pay fine of Rs. 3,000/ - by the Sub Divisional Judicial Magistrate, Theog, has been acquitted.

(2.) PROSECUTION case against the respondent was that while he was working as a servant i.e. Salesman of Dhamandri Multipurpose Cooperative Society in the year 1984 -85, was entrusted with the property i.e. stock is of different articles which he misappropriated by dishonestly converting for his own use and thus committed the offence of breach of trust punishable under Section 408 I.P.C. After conclusion of the case trial, Court found the respondent guilty and convicted him, as aforesaid, and in default of payment of fine, he was ordered to undergo further simple imprisonment for 3 months.

(3.) SO far respondent being the servant i.e. Salesman of the Society is concerned, there can hardly be any dispute which fact is not even disputed by the respondent. In addition to this, it is also proved on record that respondent was working as Salesman in the Society during the relevant period i.e. 1.7.1984 to 30.6.1985, the period to which this case relates to.