ARUN KUMAR GOEL, J. - (1.)STATE has filed this appeal against the judgment passed by the learned Sessions Judge (Forest), Shimla dated 16th June, 1992. While allowing the appeal, respondent who was charged, tried as well as convicted for offence under Section 408 I.P.C. to undergo 3 years simple imprisonment as well as to pay fine of Rs. 3,000/ - by the Sub Divisional Judicial Magistrate, Theog, has been acquitted.
(2.)PROSECUTION case against the respondent was that while he was working as a servant i.e. Salesman of Dhamandri Multipurpose Cooperative Society in the year 1984 -85, was entrusted with the property i.e. stock is of different articles which he misappropriated by dishonestly converting for his own use and thus committed the offence of breach of trust punishable under Section 408 I.P.C. After conclusion of the case trial, Court found the respondent guilty and convicted him, as aforesaid, and in default of payment of fine, he was ordered to undergo further simple imprisonment for 3 months.
(3.)SO far respondent being the servant i.e. Salesman of the Society is concerned, there can hardly be any dispute which fact is not even disputed by the respondent. In addition to this, it is also proved on record that respondent was working as Salesman in the Society during the relevant period i.e. 1.7.1984 to 30.6.1985, the period to which this case relates to.
Audit was carried out by Devi Singh (PW.2) who was working as Inspector, Cooperative Societies. Audit in the office of Assistant Registrar Cooperative Societies, H.P. Shimla for the year 1984 -85 in the month of August, 1985 and copy of the Audit Report has been proved by this witness on record as Ex.PA. In this background complaint was lodged by said Devi Singh (PW.2) with the police of Police Station, Theog vide Ex. PC and on its basis F.I.R. Ex. PW.5/A came to be registered by the police. Specimen signatures/handwritings of the respondent were taken and sent for comparison to the Government Examiner of Questioned Documents and R.K. Jain (PW.7), Assistant Government Examiner of Questioned Documents, Shimla has proved such documents as well as the opinion given after examination of all those documents.