1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 260 of 1993. Date of Decision: 1-3-2008. ____________________________________________________________ State of H.P. ……..Appellant. Versus Shamsher Singh. ……..Respondent Coram Hon’ble Mr. Justice Surjit Singh, J. Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? No. For the appellant : Mr. P.K. Sharma, Additional Advocate General For respondent : Ms. Urmila Thakur, Advocate vice Mrs. Ranjana Parmar, Advocate. ______________________________________________________________ Surjit Singh, J. (oral) Respondent Shamsher Singh was the Secretary of Cooperative Society Bathu from 1979 to 1984. During this period, he is alleged to have embezzled an amount of rupees 4750/- by forging entries in the Pass Books of various account holders. It is alleged that one Gurdass Ram (PW4) had an account with the Cooperative Society and pass book number 409 was issued to him. A sum of rupees 288.85 had been withdrawn from the said pass book by forging his thumb impression and false entries were made in the relevant registers of the Society. Bishan Dass (PW6) had raised a loan from the Cooperative Society. He deposited a sum of rupees 340/- towards repayment of the loan but no entry in the cash book was made. Parveen Kumari (PW8) had account number 594. From her account, a sum of rupees 100/- had been withdrawn by forging her thumb impression. Thondu Ram (PW7) also had Whether reporters of the Local papers are allowed to see the judgment? Yes. 2 an account with the Society. He had been issued pass book number 102. An amount of rupees 3115/- was shown to have been withdrawn from his account by making false entries in the pass book and by forging his thumb impression. Matter came to light, only after the termination of the respondent from service, when audit was conducted by K.D. Bhardwaj (PW2). Respondent is also alleged to have withdrawn a sum of rupees 337.15 paise for purchase of Saria for the Society but neither he purchased any saria for the Society nor did he account for the money. Trial Court charged the respondent with offences under Section 409, 419 and 468, I.P.C. At the end of the trial, it acquitted the respondent. State has appealed against the judgment of acquittal. We have heard learned Additional Advocate General and gone through the record. A reading of the evidence on record shows that there is absolutely no evidence indicating that it was the respondent who committed the alleged acts of forgery and the embezzlement of money of the above named account holders or the amount regarding repayment of loan by Bishan Dass (PW6). None of these four witnesses has testified that the alleged acts of embezzlement and forgery were committed by the respondent. The prosecution did not examine any expert to prove its allegation that the forgery of thumb impressions and signatures in the name of account holders was committed by the respondent. Also we find no evidence in support of the allegation that the amount of rupees 337.15 paise for purchase of saria had been withdrawn by the respondent. As a matter of fact, it appears from the evidence of the prosecution itself, per deposition of Beas Dev, Sub Inspector, Cooperative Societies that there was employed a cashier by the Society at the relevant time and it was that cashier who used to handle the cash. Now if there was a cashier and that cashier used to handle the cash, it cannot be accepted in the absence of 3 some specific evidence, that it was the respondent who committed the alleged embezzlement of the aforesaid five amounts of money. In view of the above said position, we see no merit in the appeal. The same is therefore dismissed. (Surjit Singh) Judge. (Surinder Singh) Judge. March 1, 2008. (bm)