IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No. 386 of 1997 Decided on: 30.9.2010 State of H.P. ..…Appellant Versus Durga Dass. ..…Respondent Coram The Hon’ble Mr. Justice R.B. Misra, J. The Hon’ble Mr. Justice V.K. Sharma, J. Whether approved for reporting?1 For the appellant : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. For the respondent : Mr. Y. Paul, Advocate. R.B. Misra, J. (Oral) The present criminal appeal has come-up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to impugned judgment dated 26.2.1997, passed by learned Chief Judicial Magistrate, L&S at Kullu, H.P., in Police Challan No. 140/93, acquitting the respondent-accused for the offence, under Section 409 IPC. 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 2. The prosecution story is that the respondent- accused was said to have involved in the embezzlement of Rs. 600/- during his employment as Criminal Ahlmad with Senior Sub Judge, Kullu in the year 1983 as he subsequently received a sum of Rs. 200/- on 20.6.1983, Rs. 200/- on 19.7.1983 and another sum of Rs. 200/- on 11.8.1983. After investigation, the respondent-accused was charged for the aforesaid offence. 3. In order to prove its case, prosecution examined as many as seventeen witnesses, whereas, the respondent-accused through his statement under Section 313 Cr.P.C. denied the prosecution case. 4. After analyzing prosecution witnesses and materials on record, we notice that hand writing expert has not been examined in order to prove the signatures of the delinquent official on the documents. PW-9, Daulat Ram, is the star witness of the prosecution, but he was also one of the delinquent officials, as such, was interested witness. PW-2 Tajinder Kumar, the then Civil Ahlmad, stated that Daulat Ram, Civil Nazir used to deal with the money transactions and he was overall incharge of the Cash transactions. PW-9, Daulat Ram, also admitted in cross-examination that he remained posted as Civil Nazir in the Court of SSJ Kullu from 1981 to May, 1985 and whatever money was received or deposited, he was responsible for the same and this money was being deposited in the Bank through challans. He admitted that civil court deposit register was also maintained by him and it remained in his custody. He also admitted that Durga Dass 3 respondent-accused was Criminal Ahlmad but deposed that he was also posted as execution clerk but could not state whether there was any order in writing in this behalf. 5. On analysis of the materials on record and the prosecution witnesses, learned Chief Judicial Magistrate has rightly found that the prosecution has not been able to prove its case beyond reasonable doubt and the prosecution has failed to bring home the guilt to the respondent-accused and the money alleged to have been misappropriated was found deposited. In these circumstances, no case is made out for the offence, alleged in the present case. Criminal appeal, being devoid of any merit is, therefore, dismissed. 6. Bail bonds, furnished by the respondent-accused are hereby discharged. (R.B. Misra), Judge. September 30, 2010 (V.K. Sharma), Judge. (vs)