(1.) Appellant had faced trial in FIR No.30 dated 12.05.1998 under Sections 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and Sections 467, 468, 471 and 120-B of the Indian Penal Code, 1860.
(2.) Prosecution story, in brief, is that Jugraj Singh, Sohna Singh and others had moved an application before Divisional Canal Officer for inclusion of area of land measuring 76 kanals 12 marlas in the outlet No.39475 of Samaon branch after excluding the same from outlet No.36540-L for irrigation purposes. The said request was declined by Divisional Canal Officer on 07.04.1992. Aggrieved against the said order, an appeal was filed by Sohna Singh before Superintendent Canal Officer. The said appeal was dismissed on 22.12.1992. Nachhattar Singh again moved an application before Divisional Canal Officer on 06.09,1994 for the same purpose. Ziledar after making an inquiry submitted his report and Divisional Canal Officer issued notices for 13.03.1996 and thereafter for 03.04.1996 calling the concerned party to appear before him. Appellant without getting the service effected on Ganga Ram and Uggar Singh made a report qua their service by forging their signatures and as a result, wrongful gain had been caused to Nachhattar Singh.
(3.) After completion of investigation and necessary formalities, challan was presented against the appellant and his coaccused. During trial prosecution examined 21 witnesses. Appellant when examined under Section 313 of the Code of Criminal Procedure, 1973 prayed that he was innocent. He had effected the summoning through Gurnam Singh and Mukhtiar Singh, Chowkidar as he has been newly appointed in the area. He did not personally know anybody in the village. All the concerned persons were duly attested by the Lambardars of the village. Accused examined two witnesses in their defence.