JUDGMENT

S.N. Singh, J. - Appellant Mahendrapal has filed this appeal against his conviction under Section 408, I. P. C. for committing a criminal breach of trust with respect to a total amount of Rs. 5,680.84 nP. during the period from the 22nd of August 1950 to the 13th of April 1960. The prosecution case in brief was that the appellant was the shop Manager of the District Cooperative Federation of Shahjahanpur. He was appointed a shop Manager and his rights and liabilities were governed by Written agreements with the Federation. He was in charge of shop No. 4 which was a fair price shop in bazar Bahadurganj. He had deposited 'Rs. 1,000/- as security money with the Society and was appointed Manager on a monthly salary of Rs. 70/- P.M. The duties assigned to the Manager was that he was to stock different kinds of grain and sugar which were sullied from the Federation and thou the grain that was supplied to hint was to be sold under his direction. He was entrusted with the grail and the sale price thereof. He was to keep daily accounts of the sale. In the course of his work it is said that he began to deposit less than the sale proceeds received per day with the result that on the 13th of April 1961 it was found that there was a balance of Rs. 6,796/- with him which he had not deposited and he was directed to deposit the aforesaid amount but he did not comply with the direction. On the 15th of April 1961 it was found that this Mahendra pal had gone away with the key of the shop and the amounts received by sale of the grain for the 13th and 14th of April 1961. When it was enquired at his place no trace of his could be found. On the 16th of April 1961 Sri Sheo Kumar Misra, Honorary Secretary of the Federation went to the shop in possession of the appellant with his joint Secretary Sri Radhey Shyam Pandey and the Additional Superintendent Sri R. B. Chaturvedi and another employee of the Federation Sri Ratkeshwar Datt. There at the shop he took a written report from one Sri Ram Pravesh a person who was put incharge of the shop by Mahendrapal and Nathu Lal weigh-man. When this report had been taken from these two persons Mahendrapal appeared there in person and then it was enquired of him as to why he had kept the shop closed on the 15th and the 16th of April 1961. lie was asked to explain in writing about it. When this explanation was called from him lie on a pretext said that he had some urgent work at his house and did not return. When the stocks were checked from his shop it was found that in accordance with the sales there should have been Rs. 7,114/- in the account of the shop. The Honorary Secretary suspected embezzlement and a written report to take action against the appellant was made to the Deputy Superintendent of Police Shahjahanpur, through writing dated the 19th of April 1961. This complaint was made to proceed against the appellant under Sections 406 and 408 of the Indian Penal Code.

2. On receipt of this written report Sri Ram Nath Sharma, II Officer, Kotwali, went to the shop aforesaid in Mohalla Bahadurganj and got it opened by breaking the lock in presence of Sri Sheo Kumar Misra, Honorary Secretary and other employees of, the Federation including Sri Radhey Shyam Pandey (P. W. 1). Before doing this the II Officer had tried to arrest the appellant but in vain. When the inventory was prepared it was found that grain worth Rs. 1,162.89 nP. were found in the shop. After having completed the investigation Sri Rain Nath Sharma submitted a charge-sheet Ext. Ka 16 against the accused on the 3rd of June 1961. The prosecution examined nine witnesses in support of the prosecution case and a court witness Sri Ram Bharosey Chaturvedi was also examined under Section 640 of the Criminal Procedure Code. The appellant pleaded not guilty. His defence was that in the year 1961 lie gave Rs. 1105/- to Sri Radhey Shyam Pandey, Superintendent of the Federation for being deposited in his account and the latter deposited only Rs. 105/-a