JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 378 of Cr.P.C., against the judgment dated 12.07.2005 in C.C.No.333 of 2000 on the file of the learned Judicial Magistrate No.1, Namakkal.)

1. This appeal preferred by the State aggrieved by the order of Acquittal. On the basis of out come of the enquiry conducted under the Co-operative Societies Act, pursuant to the internal audit report, case was registered by the CCIW CID, Namakkal Unit in Cr.No:1 of 2000 and taken up for investigation.

2. The final report laid against the respondents 1 and 2, who were the Salesmen in charge of General Section and Shop No. 4 respectively at Salem Ponni Super Market, Namakkal Branch. The charge against them framed for offences under Sections 408, 477 and 120(B) IPC alleging that during the internal audit, it was found that between 01/04/1996 and 31/01/1997, while working as salesmen, they conspired together and failed to maintain the stock registers and sales accounts for the groceries entrusted to them. They fabricated documents together and misappropriated stock worth Rs.5,22,758.50 and Rs.4,81,414.85 respectively.

3. The prosecution has relied upon 21 witnesses and 137 documents to bri