STATE OF RAJASTHAN Vs. KESAR SINGH

JUDGEMENT

(1.) THIS is an appeal by the State from an order of acquittal passed by the Munsiff Magistrate Mavli under sec. 408, Indian Penal Code. The facts giving rise to this appeal may be stated in a narrow compass.

(2.) THE accused-respondent Kesar Singh was the Superintendent of Naharmagra Palace belonging to His Highness Maharana of Udaipur. THE prosecution case is that it was the duty of the accused to look after the palace buildings including the furniture as well as the agricultural operations carried on behalf of His Highness in the lands apertenent to the Palace. THE accused was appointed in this post with effect from 1-11-55 by the appointment order dated 27-10-1955 and the charge of the Palace was handed over to him on 29-10-1955. THE charge list has been placed on the record and marked Ex. P. 7. On 19-6-1957 the accused made a request in writing to the Master His Highness Household that an amount of Rs. 10,000/- be sanctioned for the purpose of purchasing 1000 Mds. of grain, i. e. 592 Mds. of Jaw, 339 Mds. of wheat and 69 Mds. Karma. It may be stated that there was grain produced in the farms attached to the Palace which was lying in stock and the proposal was that out of that stock 1000 Mds. of grain be kept in a separate account for the purpose of giving on Badi to other cultivators and the price of the said 1000 Mds. of grain be adjusted in the account of Naharmagra Palace. Accordingly His Highness sanctioned a sum of Rs. 10,000/ -. THE prosecution case is that on 23-3-1961, in reply to a query from the Household the accused informed the Master of Household that 1000/- Mds. of grain kept in the reserve out of the stock at Naharmagra Palace in the separate account of His Highness had been given to cultivators on Badi i. e. interest at the rate of 5 seers per Md. per annum. Again on 1-7-1961 the accused informed the Master, His Highness Household that 1000 Mds. of grain was lying in balance. A copy of the letter dated 1-7-1961 from the accused has been placed on the record and marked Ex. P. 19. It appears that the accused was thereafter directed to send the account of the grain lying at Naharmagra Palace. But the accused did not do so for a considerable time, till at last, in the month of February 1962 he sent an account according to which upto the end of 1961 a total amount of grain weighing 1197 Mds. 6 Srs. was shown as lying in balance at the Palace. Along with the account the accused also sent a letter stating that the grain had been given on Badi to one Varda Gujar after getting a writing from him to the effect that he would pay Badi at the rate of 5 Srs. per Md. THE copy of the account is Ex. P. 8 and the copy of the letter sent along with it is Ex. P. 4.

(3.) THE learned trial Magistrate after a discussion of the whole evidence placed on the record has come to the conclusion that the prosecution has failed to bring home the guilt to the accused, and this finding cannot be said to be necessarily wrong. This is an appeal from acquittal and the presumption of innocence in favour of the accused had been strengthened by the order of acquittal passed in his favour by the trial court. In my opinion no case has been made out in appeal for taking a view of the facts different from that taken by the lower court and no interference with the judgment of the lower court is called for.