THE STATE OF BIHAR Vs. BAIDYA NATH THAKUAR

JUDGEMENT

(1.) The appeal is directed against he judgment of acquittal passed by the trial court by its judgment dated 9th March, 1994 in G.R. Case No. 537 of 1990/T.R. No. 82 of 1994 passed by Sri Vijay Kumar Mandal, Judicial Magistrate, 1st Class, Deoghar.

(2.) The prosecution case was started on the basis of First Information Report given by Satya Narain Sah, Narain Sah, informant, who is the Inspector of Post Office.

(3.) The prosecution case in short is that accused, Baidya Nath Thakur was posted as Sub Post Office, Deoghar between 28. 1989 to 6.1.1990 and in his official capacity he procured the S.B. Account Pass Books from the depositors, Shankar Rout and Lal Gopal Narone for calculating interest and adding the annual interest thereon. It is alleged that he failed to return the Pass Book and when complain was made to the informant then he inspected the ledger and found that the accused, Baidya Nathe Thakuar, Sub-Postmaster had withdrawn Rs. 9,000/- (Nine thousand) from S.B. Account No. 1090003 of Shankar Rout on 28.4.1989 and further he had withdrawn Rs. 2,500/- (Two thousand five hundred) from S.B. Account No. 190116 of Lal Gopal Narone of 6.1.1990 by forging. withdrawal slips putting the forged signatures of the depositors, and he stated that they had not withdrawal amount nor the withdrawal slop had been signed by them then he called the accused whereupon he accepted that he had withdrawn the same. Thereafter the F.I.R. was lodged by the informant, Inspector of Post Office.