IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPM No.639 of 2008 Decided on : June 30, 2008 State of H.P. …Appellant. Versus Alam Chand …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?1 Yes. For the Appellant : Mr. P.M. Negi, Deputy Advocate General. For the Respondent : Nemo. Surjit Singh, Judge( Oral ) Heard and gone through the record. 2. Respondent was accused of misappropriating a sum of Rs.4500/- given to him, under the programme of Van Lagao Rozi Kamao, and another sum of Rs.500/-, which was given to him for development of cultural activities in his capacity as Head Master of a government school. He is alleged to have misappropriated both the amounts. He allegedly did not spend any amount on plantation of the trees, but availed of the services of teachers, students and the other residents of the village in planting 220 Rabina plants and did not account for the amount of Rs.4500/- given to him for the purpose. Similarly, he spent no amount of money on cultural activities nor did he account for Rs.500/- given to him for the purpose. He was also Whether reporters of the local papers may be allowed to see the judgment? …2… alleged to have misappropriated a table clock and one tape- recorder, belonging to the school. 3. During the course of trial, prosecution could not lead any evidence with regard to the alleged misappropriation of table clock and the tape-recorder. As regards the aforesaid two amounts of Rs.4500/- and Rs.500/-, on account of Van Lagao Rozi Kamao programme and cultural activities, respectively, evidence of the prosecution itself suggests that the amount of Rs.500/- had been spent by the respondent on purchase of musical instruments, like Dholak, Chimta, Ghungroo, etc. and the other amount of Rs.4500/-, was spent on addition of a room to the school building and the replacement of floors of three old rooms of the school building by cemented floor and one glazed room was also got constructed. These facts negate the charge of criminal misappropriation, as the requisite mensrea is missing. 4. Trial Court has acquitted the respondent, on the basis of the aforesaid evidence. Prosecution’s own witnesses, namely PW-4 Dole Ram, who lodged the complaint against the respondent, and PW-7 Shashi Pal, a Drawing Teacher, admitted the aforesaid facts, which constitute the defence plea. For the foregoing reasons, we see no merit in the present application for grant of leave to appeal. Therefore, the same is dismissed. ( Surjit Singh ), J June 30, 2008(sd) ( Surinder Singh ), J