M.C. Sharma, J. - (1.) The State of Rajasthan has preferred this appeal against the judgment and order dated December 14, 1985 passed by learned Chief Judicial Magistrate, Dholpur (Raj.) in Case No. 85/82 by which he acquitted the accused -respondent Sowaran Singh for the offence under Sec. 409 IPC. The necessary facts giving rise to this appeal in short are as follows: - -
(2.) That a report (Ex. P -10) was submitted by Inspector, Post Office, Dholpur Sub -Division on September 2nd 1976 before the SHO Kotwali, Dholpur, in which it was alleged by complainant Molad Singh (PW -2) that accused -respondent Sowran Singh Postman has misappropriated the amount of the following money orders: - - (1) Kota TMO No 3990 dated 21.5.74 for Rs. 10/ - paid on 25.5.74 payable to Mohd. Ishaque Pachini Para Dholpur. (2) Kekin MO No. 2293 dated 27.7.74 for Rs. 5/ - paid on 31.7.74 payable to Sh. Kanhiya Lal Trivedi Bhava Sahib Ka Garden Dholpur. (3) Talgram MO No. 2738 dated 12.8.74 for Rs. 5/ - paid on 17.8.74 payable to Smt. Shashi Kala C/o Ayurvedic Aushdhalaya Dholpur. (4) India Ki Chhaoni Grvalia -1 MO No. 4499 dated 24.7.74 for Rs. 3/ - paid on 25.7.74 payable to Principal Govt. College Dholpur.
(3.) After that, the police registered the case and started the investigation. After usual investigation the police submitted a challan in the court of the Chief Judicial Magistrate, Dholpur.;