( 1 ) JANTA Kendriya Upbhokta Sabakari Bhandar Limited, deoria, (hereinafter referred to as the bhandar) is a Central Co-operative society registered under the U. P. Co-operative Societies Act. The Bhandar has a branch unit at Padrauna district Deoria wherein there used to be sale made of cloth and general merchandise goods. One Panchanand Tewari was appointed Salesman Incharge, Padrauna Branch by the Bhandar on January 24, 1967. Ram Prasad Misra (respondent) was Assistant Salesman. During september 2 to September 11, 1975, Panchanand Tewari was on leave. On the night of September 11/12, 1975, he was found dead at the railway track, adrauna. A railway employee made report to the police in the early hours of the 12th, whereupon inquest took place and the shop located at Padrauna was placed under the police lock. Between September 24 to 30, 1975, inventory was prepared of the stock and the cash etc. inside the premises upon the lock being opened on the 25th. First information report was lodged by the Secretary, bhandar at police-station Padrauna on November 24, 1975. The shortage allegedly noticed was as under : (i) goods : Rs. 1,99,779. 44 ; (ii) cash : Rs. 203. 61