Government Appeal (SJ) No.3 of 1998 **** Against the judgment and order, dated 21.12.1996, passed by Shri Nanardan Tripathi, Judicial Magistrate, 1st Class, Gopalganj, in G.R. No. 418 of 1993 Tr. No. 334 of 1996 **** The State Of Bihar .. Appellant Versus Kalp Nath Pandey, S/O late Raghvendra Pandey, resident of village Mundipur, P.S. Bhagwanpur Haat, district Siwan, the then Headmaster of Siswania Government Basic School, district Gopalganj .. Respondent **** For the Appellant .. Mr. Parmeshwar Mehta, APP For the Respondent .. Mr. Y.V. Giri, Sr. Adv. with .. S.K. Giri, Adv. **** P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard the counsel for the appellant and the respondent. 2. The Government Appeal is directed against the order of acquittal passed by Shri Janardan Tiwary, Judicial Magistrate, 1st Class, Gopalganj, by which he has acquitted the respondent from the charge of Sections 409, 467, 468, 471 and 420 of the Penal Code. 3. The prosecution case as alleged that the Headmaster of Siswania Government Basic School, Gopalganj, has withdrawn Rs. 3,66,659.63 in excess and has misappropriated the same by making payment of seventeen teachers whose appointment was forged and fake and in excess to the sanctioned strength of the teacher of the school. The case proceeded on the report of the Range Education Officer, Gopalganj, who during his inspection found the Headmaster along with the papers who has 2 misappropriated the amount. However, after investigation charge sheet submitted and cognizance taken. 4. During the trial the prosecution failed to establish that the appointment of any of the teachers was fake by cogent and reliable evidence. The Treasury Officer of the Treasury has been examined as witness as P.W. 7 and has stated that all the bills were passed by the Treasury after proper enquiry and finding to be proved and there was neither any irregularity nor illegality. No teacher has come forward to say that the amount withdrawn against his name was not given to them and there is no mention in the report or in the evidence that on what basis the appointment has alleged to be illegal or forged. There is no evidence of any appointment letter having been alleged to be forged and considering these aspects the learned lower Court acquitted the appellant. 5. The learned counsel for the appellant, however, could not point out any evidence with regard to the forged appointment of the teachers or any evidence that the money withdrawn in the name of any forged teacher was misappropriated by the respondent and, hence, taking into consideration the entire facts I do not find any merit in this appeal. 6. The appeal is dismissed. ( Gopal Prasad, J. ) The Patna High Court, The 2nd day of August 2011, N.A.F.R., S.A.