STATE OF RAJASTHAN Vs. PARVATI NANDAN

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the judgment and order dated 28.8.1987 passed by the learned Munsif and Judicial Magistrate 1st Class, Deeg, Bharatpur in Case No. 31/87 by which he has acquitted accused respondent (Parvati Nandan) of the charges for the offence under Sec. 409 IPC. The necessary facts giving rise to this appeal in brief are as follows: - -

(2.) On dated 15.11.1976, an FIR Ex. P.1 was lodged by Shri Moolchand Revenue Inspector Municipality, Kaman alleging that on 15.11.1976 at 7.30 A.M., he went to the check -post situated at Deeg Kaman and Nakedar Parvati Nandan (Accused respondent) was present there. He checked the cash. The accused respondent told that Rs. 2677.41 according to record was there, out of which, Rs. 196.25 were due against Sh. Kapoorchand Swaroop Chand and Rs. 44.50 were found in cash stating this that Rs. 2436.65 were taken away by thieves in the morning. Sh. Moolchand P.W. 1 asked the Check -post guard Sh. Gariba about this incident who refused this fact stating that no such incident of theft took -place. As such, Parvati Nandan has committed breach of trust of Rs. 2436.66 and the report which he had lodged for theft was false. Upon the report a case under Sec. 409 IPC was registered against the accused respondent and investigation started. The police submitted a challan before the learned Munsif & Judicial Magistrate, Deeg for the offence under Sec. 409 IPC.

(3.) The learned Munsif & Judicial Magistrate framed charges for the offence under Sec. 409 IPC. The charges were read over and explained to the accused respondent who pleaded not guilty and claimed for trial.