JUDGMENT

S.B. Sinha, J.—The State of Himachal Pradesh is in appeal before us aggrieved by the judgment and order dated 24.9.1997 passed in Criminal Revision No. 149/1994, whereby and whereunder the revision application, filed by the respondent herein, against the judgment and order dated 1.12.1994 passed by the Sessions Judge affirming a judgment of conviction and sentence passed by the Chief Judicial Magistrate, Sirmaur District at Nahan, convicting the respondent for commission of an offence punishable under Section 409 of the IPC and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1,000/- has been allowed.

2. The respondent was a Post Master at Chhapang, within the Police Station Pachhad in the District of Sirmaur, One Rajbir Singh (PW-3), uncle of the respondent-accused, was at the relevant time working in the Government High School, Ramadhon. He had deposited a sum of Rs. 8,000/- with the respondent-accused for purchase of National Savings Certificates. Necessary forms were also filled up by said Rajbir Singh and a receipt acknowledging the receipt of the said amount was issued to him. Although more than a month had passed but th