ARUN KUMAR RAI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment and order dtd. 24/11/2012 passed by the learned Sessions Judge, Tehri Garhwal in Criminal Appeal No.30 of 2012, State Vs. Arun Kumar Rai, whereby, the learned Sessions Judge set-aside the judgment and order of acquittal dtd. 30/8/2010 passed by the learned Chief Judicial Magistrate, Tehri Garhwal in Criminal Case No.673 of 1999, State Vs. Arun Kumar Rai, whereby the revisionist-accused was acquitted of the charges under Ss. 409, 420, 468, 471 IPC and remanded the case to the learned trial court with a direction to decide the matter within two months.

(2.) The case of the prosecution starts with lodging of a first information report (Ex. Ka-24) dtd. 25/1/1996 in Police Station' Chamba, District-Tehri Garhwal against the revisionist/ accused Arun Kumar Rai S/o Krishan Bhagwan Rai on the basis of which a Case Crime No. 21 of 1996, under Ss. 409, 420, 468, 471 IPC was registered in Police Station ' Chamba, District ' Tehri Garhwal.

(3.) From the first information report (Ex.Ka-24) the case of the prosecution in nutshell is that the revisionist-accused Arun Kumar Rai S/o Krishan Bhagwan Rai was posted as Assistant SoilConservation Inspector in Soil Conservation Unit Chamba from 28/8/1986 to 22/5/1992; during this period he was given G.I. wire used in the construction work by the Soil Conservation Inspector Chamba. In the year 1992, revisionist-accused Arun Kumar Rai was transferred to Dehradun but he did not handover 8.90849 metric tons wire of the value of Rs.1,14,009.25; on correspondence the revisionist-accused vide letter dtd. 21/5/1993 informed the informant Soil Conservation Officer Narendra Nagar, District ' Tehri Garhwal that all the wire measuring 8.90849 metric tons was given to Vijay Lal Tamta, Soil Conservation Inspector Chamba on 21/1/1991 and in support thereof the receipt given by Mr. Vijay Lal Tamta, Soil Conservation Inspector receiving the 89 quintal wire dtd. 21/1/1991 was enclosed. The said fact of receiving 89 quintals wire was denied by Vijay Lal Tama vide letter dtd. 27/7/1993 stating that no such wire was handed over to him by the revisionist-accused till date and about the receipt dtd. 21/1/1991 (photocopy) it was told by Vijay Lal Tamta that the said document was forged by putting his forged signature. The informant after appreciating sequence of the incident and the record came to the conclusion that the revisionist-accused had misappropriated the government stock and was taking shelter of forged documents in his defence. With these averments the informant Dr. Gopal Singh Rawat, Soil Conservation Officer lodged the first information report, the chick (Ex. Ka-25) was registered against the revisionist-accused.