STATE OF RAJASTHAN Vs. RAMCHANDRA

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against the judgment dtd. 14/11/1990, passed by learned Munsif and Judicial Magistrate, 1st Class, Sanchore in Cr. Case No.22/1989, whereby the learned trial court acquitted the accused-respondents from the offence under Ss. 408 and 477 IPC.

(2.) Brief facts of the case are that on 1/5/1980, the Assistant Registrar, Cooperative Societies, District Jalore submitted a written report at PS Chitalwana through post, with the allegations that the accused-respondents had committed embezzlement in the society. On the said report, Police registered the case against the accused-respondents for offence under Sec. 408 IPC and started investigation. During investigation, it was found that the accused-respondent No.1 and 2 had embezzled Rs.1791.67 and Rs.1900.00respectively. After investigation, police filed challan against the accused-respondents. Thereafter, the charge for offence under Ss. 408 and 477 IPC was framed by the trial court against the accused-respondents, who denied the same and claimed trial.

(3.) During the course of trial, prosecution examined thirteen witnesses in support of its case. Thereafter, statements of the accused-respondents under Sec. 313 Cr.P.C were recorded.