One Rajbir Singh PW 3 , uncle of the respondent accused, was at the relevant time working in the Government High School, Ramadhon.
In the revision application filed by the respondent, the High Court held that as the prosecution had number been able to prove misappropriation on the part of the respondent, the judgment of companyviction and sentence was unsustainable.
The postal authorities entrusted the matter to one Shri Brijpal Thakur PW 4 for companyducting an enquiry.
The expert opined that the questioned writing and the signatures on the deposited documents tallied with the admitted signatures and writings of the respondent.
A fine of Rs.1,000/ was also imposed upon him.
Necessary forms were also filled up by said Rajbir Singh and a receipt acknowledging the receipt of the said amount was issued to him.
Although more than a month had passed but the said Rajbir Singh was number handed over any National Savings Certificate by the respondent.
He thereafter made a companyplaint in that behalf, with the postal authorities.
The entire amount came to be deposited by him on 11.12.1989.
It is number in dispute that the excess amount of Rs.200/ was deposited by the respondent on 30.11.1989 by way of interest.
The leaned Chief Judicial Magistrate, as numbericed hereinbefore, found the respondent guilty of companymission of an offence punishable under Section 409 IPC and sentenced him to undergo simple imprisonment for a period of six months.
He, therefore, made enquiries with the postal authorities both at Rajgarh and at Nahan, whereupon he came to learn that numbersuch National Saving Certificates had been issued.
A First Information Report was lodged on 27.6.1990 at Police Station, Pachhad.
During the investigation, specimen and admitted writings of the respondent were taken and sent to the handwriting expert for companyparing with his writings and signatures on the receipt.
A further deposit of Rs.4,000/ was made by him on 11.12.1989.
The respondent having companye to learn of initiation of the said enquiry, deposited a sum of Rs.4200/ in the Post Office on 30.11.1989.
He had deposited a sum of Rs.8,000/ with the respondent accused for purchase of National Savings Certificates.
Even on 30.11.1989, he did number deposit the entire amount.
J U D G M E N T B. SINHA, J. The State of Himachal Pradesh is in appeal before us aggrieved by the judgment and order dated 24.9.1997 passed in Criminal Revision No.149/1994, whereby and whereunder the revision application, filed by the respondent herein, against the judgment and order dated 1.12.1994 passed by the Sessions Judge affirming a judgment of companyviction and sentence passed by the Chief Judicial Magistrate, Sirmaur District at Nahan, companyvicting the respondent for companymission of an offence punishable under Section 409 of the IPC and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/ , has been allowed.
The respondent was a Post Master at Chhapang, within the Police Station Pachhad in the District of Sirmaur.
