DALIP CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant and his three co-accused were tried qua commission of offence punishable under Sections 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short 'the Act') and Sections 420, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC for short) in FIR No.55 dated 2.7.1998 registered at Police Station Vigilance Bureau, Jalandhar.

(2.) The trial Court, vide judgment and order dated 10.12.2008 convicted and sentenced the appellant and his coaccused Madan Mohan qua commission of offence punishable under Section 120-B, 424 IPC. Daljit Singh, co-accused of the appellant, was acquitted by the trial Court, whereas, co-accused Mohinder Singh died during the pendency of the trial. Co-accused Madan Mohan has died after his conviction and during the pendency of his appeal challenging the judgment/ order of the trial Court, whereby he was convicted and sentenced qua commission of offence punishable under Sections 424/ 120-B IPC. Hence, the present appeal by the appellant.

(3.) Prosecution story, in brief, is that 17 kanals 18 marlas of land being 1/4th share out of 64 kanals 10 marlas of land was owned by accused Madan Mohan, who was posted as secretary in the Noushera Majha Singh Cooperative Agriculture society Limilted Noushera Majha Singh (hereinafter referred to as 'the society'). The share of land belonging to accused Madan Mohan was attached in view of arbitration awards passed in favour of the society on account of embezzlement committed by him (accused Madan Mohan). Vide order dated 19.6.1996, it was ordered by the Deputy Registrar, Cooperative societies, Jalandhar that in case accused Madan Mohan returned the money belonging to the society, the land under attachment be released. Vide order dated 12.7.1996, appellant ordered the release of the land of accused Madan Mohan, although he had not returned the money to the society. Accused Daljit Singh being patwari and accused Mahinder Pal being Kanugo did not give a note in the jamabandi for the year 1993-94 with regard to attachment of the land belonging to accused Madan Mohan.