STATE OF UTTARANCHAL Vs. BHARAT RAM SEMWAL

JUDGEMENT

(1.) Pw3 Muneshwar Prasad, District Agriculture Officer, Tehri Garhwal, lodged an FIR in police station, Narendra Nagar, District Tehri Garhwal, on 9th June 1983, against Maheshwari Dutt and Bharat Ram Semwal for the offences punishable under Sections 409, 467, 468, 471 and 109 of IPC. After the investigation, a charge-sheet was submitted against Maheshwari Dutt and Bharat Ram Semwal in respect of selfsame offences. Charge was framed against them for the offences punishable under Sections 409, 467, 468, 471, 109 and 120B of IPC on 15.07.1991 / 31.10.2000. The accused persons pleaded not guilty to the charge and claimed trial.

(2.) Pw1 Devi Prasad Bhatt, Sr. Assistant Project Officer (Agriculture); PW2 D. Mension, Retd. Regional Accountant, D.D. Office, Pauri; PW3 Muneshwar Prasad, Joint Director (Agriculture), informant; PW4 Inspector Ved Prakash Tyagi, Investigating Officer and PW5 A.S.I. Narendra Singh, formal witness, who proved FIR, were examined on behalf of the prosecution. Incriminating evidence under Section 313 of Cr.P.C. was put to the accused persons, in reply to which they said that they were falsely implicated in the case. DW1 R.K. Arya, Soil Conservation Officer, New Tehri was examined in defence. After considering the evidence on record, accused Bharat Ram Semwal was exonerated of the charge levelled against him. Co-accused Maheshwari Dutt was convicted of the offences punishable under Sections 409, 467, 468, 471 of IPC and was sentenced appropriately. He was, however, acquitted of the charge of offences punishable under Sections 109 and 120B of IPC. Aggrieved against his conviction and sentence, convict Maheshwari Dutt filed a criminal appeal, which was dismissed, vide judgment and order dated 09.05.2003. Aggrieved against the acquittal of Bharat Ram Semwal, present Government Appeals were preferred by the State, which are being decided together by this common judgment and order, for the sake of brevity and convenience.

(3.) The audit party of the office of Accountant General, Uttar Pradesh, audited the Seed Depot, Chamba on 07.06.1983 and found embezzlement in said Seed Depot by accused Maheshwari Dutt and Bharat Ram Semwal. An FIR to this effect was registered under Sections 409, 467, 468, 471, 109 and 120B of IPC, which was duly investigated by the Special Investigating Branch, and after due investigation, a charge-sheet was submitted against both the accused persons under the aforesaid sections.