STATE Vs. GH MOHD RAJA

JUDGEMENT

(1.) This is an appeal against the judgment of 1st. Additional Munsiff, Judicial Magistrate 1st Class, Srinagar acquitting the accused of the charge under section 409 R. P. C. The statement of the prosecution case has been set out in para 1 of the judgment under appeal as under: - This case has a long checkered history and arises out of the facts that accused are the employees of State Milk Supply Department They were working in the department as delivery man for distributing milk against cash payment and the cash received had to be deposited with the cashiers in the office. It is alleged that in the year 1965 when the then Manager of the Scheme took over his assignment in ordered to adjust himself with the routine work of the department proposed to per sue the record of the Milk distributed till then and he took year 1964 -65 as a test year. An abnormally high amount was found by him in that year alone as per his own report to have been withheld by the employees who are now accused before me. The matter was referred by him to the District Magistrate Srinagar for further necessary action under rules. This letter of the then Manager is on record and is No. 2392 dated 14 -12 -1965. The matter was then referred to S. P. Vide the D Ms letter dated 5 -2 -1966 No. 54 -55. The than S. P. Srinagar directed a case to be registered against the defaulting employees u/s 409 RPC for embezzlement of state money. During the course of investigation huge records were seized by the police and accused were suspended from their assignments and they are continuing even till now to be under suspension, The letter No. 2392 dated 14 -12 -1955 which is also the FIR in the case gives the list of following persons with the amounts shown against each of them to be outstanding against them: - 1. Shri Abdul Rehman 3555.50

(2.) SHRI Saif -ud -din 11255.00

(3.) SHRI Pyari Lal 6775.70