STATE OF BIHAR Vs. GOPAL KUMAR PANDEY

JUDGEMENT

(1.) Prosecution case initiated on written application of the informant Sudarshan Ram, Sub Postmaster of Khushrupur Post Office, in brief, is that on 10.4.1999 he was on duty and at about 5.00 PM he closed the Post Office after accounting and sending the Dak. Post Office was closed on next day which was Sunday. On 12.4.1999 he came to Post Office, found plank of western portion from adjacent to residential house broken. Iron chest of the Post Office was also broken. Rs. 2.05 lac kept in chest was missing. Articles of the Post Office were found scattered.

(2.) The trial commenced and ended in acquittal to the respondents by the impugned judgment dated 20.12.2000, validity of which has been questioned through filing this appeal by the State Govt.

(3.) It is made clear that respondents were not named in the F.I.R. as having any involvement in the incident rather their involvement appeared in course of investigation on the basis of their confession recorded through Exhibits 1 and 2. Prosecution case on this point is that the Senior Superintendent of Post Office came from Patna along with P.Ws.1 and 5. Respondent nos. 1 and 2 were taken into confidence then both made same confession which only was recorded in Exhibits 1 and 2. Senior Superintendent of Post Office is not examined in the case rather P.Ws 1 and 5 were examined who were accompanying him.