DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Darshan Singh has filed Crl.A. No.226 -SB of 2007, appellant Inderjit Singh has filed Crl.A. No.250 -SB of 2007 and appellant Avtar Singh has filed Crl.A. No.298 -SB of 2007, challenging the conviction and sentence under Section 120 -B/467/468/471/477 IPC and Section 13(1) (c) of the Prevention of Corruption Act, 1988. Accused Ramesh Kumar died during the pendency of the trial and accused Nanak Chand Rana was discharged by this High Court vide order dated 9.2.2006.

(2.) THE brief case of the prosecution is that on 19.10.1995, DSP Raghbir Singh accompanied by other police officials visited Punjab Warehousing Corporation godown at Khanian road, Amloh. Darshan Singh, Manager and Inderjit Singh, Accounts Clerk of the said Warehousing Corporation were present. DSP Raghbir Singh checked the stock register and other records. As per the records, wheat was stored in Sat Kartar Rice Mill and Siri Gobind Rice Mill, Amloh. On checking the bags of wheat, it was found that some of the bags were missing. Darshan Singh, Manager informed DSP that stock had been shifted to godown No.7 of Warehousing Corporation due to rainy season. Some bags had been destroyed on account of rain. On checking, 16,999 bags of wheat were found missing. As per record, there should have been 22,700 bags of wheat. On the basis of the report prepared by DSP Raghbir Singh to the effect that the accused might have embezzled to the tune of Rs.66 -67 lacs, the present case was registered. After completion of the investigation, the present accused were challaned.

(3.) ON the side of the defence, 5 witnesses were examined to substantiate the plea set up by the accused.