STATE OF UTTARANCHAL (NOW STATE OF UTTARAKHAND) Vs. BRAHMA PAL SINGH
LAWS(UTN)-2012-12-153
HIGH COURT OF UTTARAKHAND
Decided on December 21,2012

State of Uttaranchal (now State of Uttarakhand) Appellant
VERSUS
Brahma Pal Singh Respondents

JUDGEMENT

- (1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 08.06.2001, passed by Chief Judicial Magistrate, Tehri Garhwal, in Criminal Case No. 1382 of 1993, whereby said court has acquitted the accused/respondent Brahma Pal Singh, from the charge of offence punishable under section 409 of I.P.C.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that accused/respondent Brahma Pal Singh was posted as Assistant Logging Officer with U.P. Forest corporation, Uttarkashi, Division New Tehri. He was looking after the work of Section Officer at Chamba. In the year 1992-93, he was found absent from the duty, and as such, relieved from the charge of Section Officer Chamba, with effect from 23.12.1992. Another Logging Officer one A.K.Joshi, was asked look after said work. On his taking over the charge it was found that out of the amount of Rs. 60,000/- entrusted to the accused Brahma Pal Singh as an advance money for meeting the casual expenses there was no account of expenditure of Rs. 31,785/-. On receiving report of said effect PW1 P Bhrama Nandan Divisional Logging Manager of the Corporation lodged First Information Report (ExA1) with the police at Police Station Tehri, where on the basis of said report, check First Information Report (Ex-A6) was registered as Crime No. 41 of 1993, against accused Brahma Pal Singh relating to offence punishable under section 409 of I.P.C. The crime was investigated by PW6 Sub Inspector Rajendra Pal Madana, who was on completion of investigation submitted charge sheet (Ex-A5) against accused Brahma Pal Singh, for his trial in respect of offence punishable under section 409 of I.P.C.;


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