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22. On critical examination of the above evidence, we find that it docs not stand established that 39 bags of levy cement belonged to the I. P. H. Store of Didwin. PW-7 informant did not support the prosecution case. Before his statement (Ext. PA/A) was recorded, the Investigating Officer found all the store items correct as per the record of the store. PW-11 Prem Singh, Driver has also not supported the case of the prosecution in supplementary statement (Ext. PH) PW-15 Gurdas Ram, a labourer working in village Water Supply Scheme Chakmoh deposed that on 17 9-1986 and 12-9-3986 consignments of 200 bags on each day were received at Chakmoh Water Supply Scheme. He denied the suggestion of the learned Public Prosecutor that the consignment of 100 bags on each day was received at Chakmoh. In the cross examination of the respondents, the witness stated that, the cement was stored at three different places at the shed, pump house and Chowkidar's hut at village Bihal to be used in Chakmoh Water Supply Scheme. PW-16 Surat Ram, mason has also not supported the prosecution case. PW-17 Kuldip Singh, Assistant Fitter, Bihal has produced register (Ext. P-13) to the Police during the investigation of the case. According to him, the stores were checked by the Police and 826 cement bags were found intact therein and this fact has been mentioned in the recovery memo (Ext. PW). He further stated that on 17-9-1986 and 22-9-1986. a consignment of 200 bags of cement was received in the store. He admitted in the cross-examination that at the relevant time about 22 works were In progress which were spread over a distance of about 20 K. Ms. in Chakmoh area which were under the supervision of K, S. Pathania-respondent, The concrete, stones and sand were manually mixed since there was no mechanical device for mixing the material. He also stated that where it was not possible for the J. E. to attend and supervise the on going works at all the places, it was the Supervisor who used to supervise the said works. It has come in the evidence of PW-20 Balwant Rai driver of truck No. HPH 5.100 that he had handed over 200 bags of cement on each clay, i.e. 17-9-1986 and 22-9-1986 at 'Deotsidh' which were transported from Didwin Store. Necessary entry was duly made in the Log Book (Ext. PAA) at page 28. He also stated that challan (Ext. P-4) and Out-Door Register (Ext. P-2) in regard to the consignment were duly signed by PW-25, Cleaner. As noticed in the earlier part of the judgment, PW-25 Chaudhary Ram, Cleaner of the truck has not supported the case of the prosecution but instead substantiated the defence of the respondents.