Judgment

O. CHINNAPPA REDDY, J. :- Roshan Lal, tourist clerk in the Dak Bungalow, Banihal was tried by the learned First Class Magistrate, Ram Ban for offences under Ss. 409 and 420 R. P. C. and duly acquitted of the charges. On an appeal by the State of Jammu and Kashmir, he was convicted of an offence under Section 409, R. P. C. and sentenced to suffer imprisonment for a period of four months. The acquittal under Section 420, R. P. C. was maintained. Roshan Lal has appealed to this court, under Art. 136 of the Constitution.

2. The case against the appellant was that between October 15, 1965 and October 22, 1965, he collected a sum of Rupees 70.80 p. from various tourists, who stayed at the Dak Bungalow and misappropriated the same. We have been taken through the judgments of the learned First Class Magistrate and the High Court and the evidence of all the relevant witnesses. We are satisfied that the case against the appellant has not been established. Shri R. Duchen, Superintendent of Police at whose instance it was that the misappropriation of the amount was supposed to have been unearthed, stated in his evidence that he paid the rent of the room to the Chowkidar and made an entr