STATE OF RAJASTHAN Vs. MAGA RAM

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 16-1-1989 passed by the Learned Judicial Magistrate, First Class, Sanchore in Cr. Case No. 217/84 by which the learned Magistrate acquitted the accused respondent for offence under S. 409, 465, 466 and 467 I.P.C.

(2.) This appeal arises in the following circumstances : (i) On 27-1-1984, P.W.3 Badri Dan Patwari gave a written report Ex. P/1 before P.W. 1 Shyam Das, Tehsildar Sanchore stating that on 17-1-1984 he took charge from the accused respondent but at the time of taking charge, an amount of Rs.1027.30 collected by the accused respondent in the capacity as Patwari and further more the amount of Rs.553.20 belonging to Panchayat Samiti Golasan was not handed over by the accused respondent, but at the time of handing over the charge, the accused respondent had specifically mentioned in the charge report that the above amount was with him and he would deposit the amount. Since the amount had not been deposited so far, therefore, action be taken against him. (ii) After receiving the report Ex. P/1, P.W.1 Shyam Das lodged a written report Ex. P/96 in the Police Station Sanchore on 31-1-1984 stating that the said amount was retained by the accused respondent and thus, by doing so he committed criminal breach of trust.

(3.) On this report Ex. P/96, police chalked out regular FIR EX. /103 and started investigation.