Judgement

GOVINDA MENON, J. :- The police charge sheet dated November 13, 1949, which originated the proceedings out of which this appeal has arisen, was to the effect that the appellant, the Head Clerk of the Civil Surgeon s office at Almora, misappropriated a sum of money entrusted to him during a portion of the period he was functioning as Head Clerk. Though the charge sheet did not specifically state the exact amount misappropriated, the matter was cleared up when the charge against him under S. 409, Indian Penal Code, was framed, namely that between September 26, 1947, and February 11, 1948, he in his capacity as a public servant, having been entrusted with Rs. 1,118-10-9, committed criminal breach of trust in respect of that amount. This is also evident from the amounts detailed in column 3 of question 2 that had been put to him by the learned trial Magistrate. The trial Court found that on account of the improper and unsatisfactory state of affairs in which the accounts were kept in the Civil Surgeon s Office, for which not only the accused but two successive Civil Surgeons were responsible, no offence has been brought home to the accused and, therefore, he was acquitted. The