STATE OF RAJASTHAN Vs. DEVI LAL

JUDGEMENT

(1.) This state appeal is against the judgment dated 21.11.1981 passed by the learned Chief Judicial Magistrate pali camp Sojat acquitting the accused respondent herein of offence under Sec. 408 I.P.C.

(2.) Brief facts of the case are that the accused respondent was working as manager of the Khadi Gramodhyog Vikas Sang, Sojat in the year 1971-72. It is alleged that he made an entry in his favour in the record of the institution to the tune of Rs. 3236.16 and withdrew the said amount. Similarly, sum of Rs. 1892.29 was withdrawn on 24.1.1972 and the sum of Rs. 1343.87 was withdrawn on 31.3.1972. The said amount was withdrawn by making entry in his name. It is also alleged that there was shortage of stock of woolen and cotton clothes worth Rs. 3902.53.

(3.) On analysing the evidence, the Trial Court held that the amount of Rs. 3236.16, 1892.29 and 1343.87 were withdrawn against the salary. The court also held that there was no illegality in withdrawing the said amount against the salary. So far as the shortage of stock is concerned, the learned Judge analyzed the entire evidence in deptch and detail, and held that the stock mentioned in challan No. 46 does not find place in letter Ex. 16 of the accused, which otherwise contains all details of shortage of cash and stock and thus prosecution failed to establish case of misappropriation against the accused respondent.