STATEOFBIHAR Vs. RAM SINGH

JUDGEMENT

(1.) S.K.Chattopadhyaya, J-The State of Bihar being aggrieved by the judgment and order of acquittal passed by the learned 1st Additional Sessions Judge, Hazaribagh dated 29-1-1990 passed in Appeal No. 126 of 1988, has moved this Court under Section 378 (5) of the Code of Criminal Procedure.

(2.) Initially the State of Bihar through G.P.Ojha, the then Chief Engineer of Public Health Division, Hazaribagh filed an application under Section 378(5) of the Code of Criminal Procedure with a prayer to grant leave to appeal against the impugned order. It appears that while calling for the lower court records, by an order dated 15-5-1990, it was directed that maintainability of this application will be considered at the ime of admission. After appearance of the respondent, when the case was listed on 14-5-1991, a learned Single Judge of this Court observed that the State has filed this appeal, but it is not in that fashion. The Court directed to correct the same. By an order dated 16-5-1991 again the Court directed the office to correct the title page of this case as it was then being treated as Government Appeal. On 17-5-1991 this appeal was admitted and though before that the respondent had already appeared, bailable warrant of arrest was issued for his appearance, if and when necessary.

(3.) The respondent, Ram Singh was charged and tried for the offence under Sections 408 and 409, IPC on the allegation that being a cashier in Public Health Department was entrusted with cash and accounts, committed criminal breach of trust in respect of a sum of Rs. 58,760.13 paise. On verification, cash remittance made into the treasury it came to light that amount of 10,000/-, 10,000/- and 11,000/- shown remitted into the treasury on 14-3-1978, 20-3-1978 and 23-3-1978, respectively, have not been deposited in the account of the treasury in the State Bank of India, Hazaribagh. It was alleged that Ram Singh was entrusted with the duties of cash and maintenance of day today cash and other connected records, fraudulently defalcated the said Government money by not depositing the same in the Bank and thus committed breach of trust. He did not handover the charge of his cash duty and other relevant records which was under his custody. Charge was amended subsequently on the allegation that Ram Singh had misappropriated further sum of Rs. 58,000/- and odd.