STATE OF UTTARAKHAND Vs. GYAN SINGH

JUDGEMENT

(1.) This appeal, preferred by the State/appellant under Section 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 26.11.1997 passed by Chief Judicial Magistrate, Pauri Garhwal in Criminal Case No.1287 of 1995, State v. Gyan Singh and another, whereby the learned C.J.M. acquitted the respondents from the charges levelled against them.

(2.) Heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that on 28.7.1994 Rajendra Singh lodged a First Information Report before Patti Patwari Kandarsyu IV stating therein that the respondents are residents of Village Tilla where a Pulia was being constructed by Village Panchayat Pauri and in which wheat was to be distributed along with cash to the labourers. For this work, about 40 quintals of wheat was given to the respondent Gyan Singh who had a fair price shop at Village Tilla. It is alleged that the respondents distributed wheat without obtaining coupon from the concerned department. It is further alleged that the respondents has misused government wheat by distributing them without coupon. With these averments, the FIR was lodged by Rajendra Singh, Executive Engineer, that FIR is Ext.Ka-6. On the basis of this FIR, chik FIR of the case was prepared, i.e. Ext.Ka-7 and necessary entries were also made in the G.D. copy of which is Ext.Ka-8. The investigation of the case was conducted by Kundan Singh Patti Patwari Kandarsyu-IV (In Rural Hilly Areas of State of Uttarakhand, the Patwaris and certain Revenue Officials are being vested with police powers vide U.P. Govt. Notification No.494/VIII-418-16 dated 7.3.1916). During the course of investigation, the I.O. prepared the site-plans i.e. Ext.Ka-9 and Ka-10 and recorded the statement of witnesses and on completion of investigation, filed the charge sheet against the respondents, i.e. Ext.Ka-13.