Mahesh Chandra Sharma, J. - (1.) Heard learned Public Prosecutor for the State and the learned counsel for the respondent.
(2.) This appeal is directed against the order dated 25.6.1986 passed by the learned Additional Sessions Judge No. 1, Alwar, in case No. 11/1985 in which he has acquitted the accused respondent (Yad Ram Sharma) for the offence under Section 409 IPC.
(3.) The necessary facts giving rise to this appeal in brief are as follows : Sh. D.D. Shrivastav (P.W.3) Inspector, Sub Post Office Rajgarh (Alwar) had inspected the post office early hours in the morning of 20.9.74 and checked the cash book, tickets etc. and found Rs. 4259 & 49 paisa were missing. But the accused respondent had deposited the whole amount on the same day which are available in Ex.P2.;