- (1.) This appeal has been preferred by the State of U.P.under S.378(3) Cr. P.C.against the judgment and order dated 26-4-1988 passed by the Additional Chief Judicial Magistrate, Aligarh in Criminal Case No. 797 of 1985, acquitting the respondent Dalvir Singh.
(2.) Respondent Dalvir Singh has been charged under S.409, IPC on the allegation that on 21-2-1983 Thana Malkhana, P.S.Tappal, District Aligarh was inspected and one item of SBBL gun No. 47229 licence No. 7438 along with two cartridges and 12 empty cartridges were found missing which was under the trust of the accused Dalvir Singh.
(3.) The accused pleaded not guilty to the charge and claimed to be tried. In this statement under S.313, Cr. P.C.he denied the allegation and alleged that the Station Officer has shifted his liability on the head of this accused.;