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5. PW 1 claimed to be posted as typist from 1975 to 1981 at Rajpura Colliery. According to him, the appellant Shankar Mandal was Assistant Storekeeper of diesel pump during 1980-81. He admitted in his cross-examination that he had also worked in the absence of Shankar Mandal and he also used to receive and issue diesel. He proved the entry Ext. 8/3 indicating issuance of diesel in favour of contractor Tajmul Hussain for a period from 15.11.1980 to 13.3.1981. PW 2 Brahmeshwar Ojha also admitted to had worked on the order of Agent. Manager and Assistant Storekeeper for receipt and issuance of diesel. PW 3 was Munsi at Rajpura diesel store during the period 1980-81 and he used to receive and issue diesel on the order of storekeeper. According to him, he was working at the diesel pump on the order of Shankar Mandal because he was Munsi, He further stated that Charan Babu was the storekeeper whereas this appellant Shankar Mandal was the Assistant Storekeeper and he had no knowledge as to who had taken how much diesel at the relevant time. PW 4 clearly deposed in paragraph 6 of this cross-examination that Shankar Mandal, the appellant was incharge of the diesel pump but there was no written order to this effect as he being the agent, had not issued any such order. Admittedly no such written order has been produced to this effect that the appellant, Shankar Mandal was made incharge of the pump. According to him, N.C. Baneriee was also working in the diesel store to receive and issue the diesel. He further stated that Security Officer was also posted out side of the diesel store.

PW 5 stated that he was agent in Rajpura Colliery from 1.6.1978 to March, 1982. According to him, monthly statement of store, receipt, issue and balance of materials were sent to him. He admitted in his cross-examination that he cannot say on which dates diesel used to be received in his store and how much diesel was actually received in his store from the diesel pump. He further admitted that there were 4-5 clerks working in the diesel store besides Shankar Mandal but he cannot say their designation. He further claimed in his evidence that he had not started any departmental proceeding for the said shortage of diesel.

PW 6 claimed to be an Assistant Accountant working at Rajpura Colliery in the year 1980-81. He proved some invoice chal-lan. According to him. the entry was made in the cash book on the basis of invoice challan. He cannot say that the diesel was also kept in the drum.

PW 7 claimed to be posted at Indian Oil Corporation Depot, Dhanbad in July, 1981. According to him. diesel used to supply from the said Depot to Rajpura Colliery pump store. However, he admitted in his cross-examination that he has got no knowledge about this case. The appellant was also examined under Section 313 of the Cr PC. According to him. B. Ojha, K.C. Rana. Mr. Khan. R.K. Das, Prahlad Mandal and N.C. Banerjee were also working in the diesel store and they also used to issue and receive diesel during the period in question.

6. DW 1 was working as Civil Clerk in Rajpura Colliery in the year 1980-81. According to him, K.S. Rana and B. Ojha also worked in the diesel store. He further stated that diesel was issued on the order of S.C. Sen Gupta and he used to grant slip for the same. N.C. Banerjee. B.K. Ghosh, K.S. Rana, B. Ojha and K.K. Das used to issue diesel on the basis of the said slip. He further deposed that the capacity of the tank was 12000 to 15000 litres and when it was full of the capacity, the rest of the diesel used to be kept in the drum and there were about 300 drums kept at the diesel pump and some of the drums were having leakage and the leal age used to be closed by putting soap. He also stated that Shankar Mandal used to issue diesel on the basis of the slip.