JUDGMENT

B.K. Behera, J.-This appeal has been directed against the order of acquittal recorded by the learned Sub-divisional Judicial Magistrate, Sundargarh, in which the respondents had figured as the accused persons being charged under Section 409 of the Indian Penal Code for misappropriation of Rs. 22,520.97 paise between 1-7-1974 and 31-1-1976 while Shyam Sunder Rath, the respondent No. 1, was functioning as the Administrator and Dileswar Singh, the respondent No. 2, was functioning as the Secretary of the Kundukela Service Cooperative Society in the district of Sundargarh. The plea of the defence was one of denial. The prosecution had examined three witnesses to establish its case. The respondents had examined two witnesses in their defence. On a consideration of the evidence, the trial court held that the charge had not been brought home to the respondents.

2. Upon hearing Mr. N.C. Panigrahi, the learned Additional Government Advocate and the learned counsel for the respondents, I find that of the three witnesses examined for the prosecution, the evidence of the Investigating Officer (P.W. 2) and that of P.W. 3, the Zone Officer of the Sundargarh Central Co-operative Bank, wa