BHIKHA BHAI PATEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the order dated 24.9.1996 passed in G.R. No. 1249/82, whereby the learned Judicial Magistrate, Ist Class, Daltonganj acquitted O.P. No. 2, who was an accused in that case.

(2.) THE prosecution case in brief is that the petitioner as informant lodged an FIR on 17.9.1982 against O.P. No. 2 for the offence under Sec. 406 of the Indian Penal Code (hereinafter to be referred as 'Code ') for committing, criminal breach of trust. The petitioner who is informant in the case was a manager of J.B. Company, Rehala and O.P. No. 2, against whom FIR was lodged, was working as driver since long and he used to deliver goods in different godowns of the company and likewise he went to Katihar office with Tobacco bundles in the truck. On 13.9.1982 O.P. No. 2 became seriously ill, thereafter he stopped the truck in the way in between Sankha and Ketat and went for taking medicine and the truck was brought back to the office and two packets were recovered containing Rs. 7,000.00 in cash and draft of Rs. 2,500.00 . O.P. No. 2 accused was conveyed to meet the informant but he disobeyed; thereafter one Chiman Bhai was sent to Katihar office and when he returned on 17.9.1982 gave him a letter then he came to know that cost of Rs. 1,17,539/ - draft and other papers, which were given by Katihar office, was not given and Rs. 7,000.00 in cash was in the truck and he took Rs. 1,17,539/ -. O.P. No. 2 accused was charged under Sec. 406 of the Code, which he denied and trial proceeded and in the course of trial the learned Court below came to a finding on the, basis of oral and documentary evidence that charge under Sec. 406 of the Code has not been proved against the O.P. No. 2 accused and accused was acquitted.

(3.) ON the other hand, the opposite party No. 2 appeared in the case through vakalatnama.