STATE OF MADHYA PRADESH Vs. PREMPAL

JUDGEMENT

(1.) The State has filed this appeal against acquittal of the respondent of the offence u/S. 409, I.P.C.

(2.) Respondent Prempal Uike was Extra Departmental Branch Post-Master at Gillore Branch Post-Office. One Gokulprasad (PW2) had a savings account in that post office. An amount of Rs. 675/ - was in balance in that savings account as on 19-4-1980. The respondent had duly accounted for that amount in the accounts of his post-office. Thereafter, Gokulprasad had on 21-4-80, 5-5-1980, 9-5-1980, 26-5-1980, 3-6-80 and 14-6-1980 deposited sums of Rs. 225/-, 300/-, 300/-, 68/-, 400/ - and 1035/ -respectively. In other words, Gokulprasad had between 21 -4-1980 to 14-6-1980 deposited from time to time a total sum of Rs.2328/-. The prosecution case was that the respondent Prempal Uike during that period had not accounted for the said gross sum of Rs. 2328/and hence he had committed the offence of criminal breach of trust punishable u/S.409, I.P.C.

(3.) The learned Judicial Magistrate, First Class, Nasrullahganj, Shri S. N. Khatki who tried the case, recorded acquittal of the respondent. Aggrieved there by the State has come up in appeal.