On a police charge sheet, the learned Judicial Second Class Magistrate, Nandikotkur, framed a charge against the sole accused, Bheemanthi Venkata Seshaiah, as follows :

"That you on or about the 6th day of May 1962 at Miduthur being the President of Weaver's Co-operative Society, Miduthur and in such capacity entrusted with monies of the Society committed criminal breach of trust in respect of the said money of Rs. 3326-26 and thereby committed an offence punishable under S. 408 of the Indian Penal Code and within my cognizance." After full trial, the learned Magistrate acquitted the accused. Thereupon, the learned Public Prosecutor filed this appeal against the acquittal.

2. The prosecution examined three witnesses. Of these, P. W. 1 was the Senior Inspector of Co-operative Societies. P. W. 2 was the then Deputy Registrar of Co-operative Societies who made a complaint, Ex. P-14, to the Superintendent of Police, Kurnool, and P. W. 3 was the Sub-Inspector of Police, Miduthur who investigated the case and filed the charge sheet against the accused under S. 408, I. P.C.

3. The case of the prosecution is as follows. There was a Co-operative Society in Midathur called Midathur W