LAWS(P&H)-2014-11-8

BALJIT SINGH DAHIYA Vs. STATE OF HARYANA

Decided On November 28, 2014
Baljit Singh Dahiya Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) APPELLANTS Baljit Singh Dahiya and his wife Saravjit Kaur have filed this appeal against the judgment dated 27.02.2006 passed by the Addl. Sessions Judge, Jagadhri vide which appellant No. 1 Baljit Singh Dahiya has been convicted under Section 420 IPC and sentenced to undergo rigorous imprisonment for three years along with fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months, whereas appellant No. 2 Saravjit Kaur was also convicted under Section 420 IPC and sentenced to undergo rigorous imprisonment for one year along with fine of Rs. 2,000/ - and in default of payment of fine to further undergo rigorous imprisonment for three months. While passing the aforesaid judgment the appellants were acquitted of the charges under Sections 120 -B, 467, 468 & 471 IPC.

(2.) BRIEFLY , the facts of the case are that Om Parkash, D.S.P., State Vigilance Bureau, Rohtak conducted an inquiry vide letter No. 2 dated 26.02.1996 and after inquiry he submitted the final report to the Director, State Vigilance Bureau, Haryana, Chandigarh, which was forwarded to the Chief Secretary, Haryana Govt., Chandigarh with his comments for further necessary action. The Chief Secretary vide letter No. 39/5/96/3 dated 26.09.1997 ordered the registration of case on which FIR No. 16 dated 12.11.1997 under Sections 409, 420, 467, 468, 471, 120 -B IPC and Section 13(i)(d) of Prevention of Corruption Act, 1988 was registered at Police Station Vigilance Bureau Ambala against 1. Baljit Singh Dahiya, 2. Manjit Singh Dahiya, 3. Saravjit Kaur, 4. Parsanni Devi, Ex. Chairman Social Welfare Advisory Board, Haryana, 5. A.K. Dua, 6. M.C. Sareen, 7. R.K. Jain, 8. R.K. Ranga, 9. Devender Nath, Welfare Officer, 10. Sham Lal Bahri etc. on the allegations that Baljit Singh Dahiya, Accountant, office of Haryana State Social Welfare Advisory Board, Chandigarh in collusion with officials of the said department prepared forged documents and mis -appropriated government funds. During enquiry, it was found that Loyal Shiksha Samiti 30 Harbanspura, near I.T.I., Yamuna Nagar (hereinafter referred to as the Society) had received a grant of Rs. 69350/ - and Rs. 5,000/ - despite the fact that the said Samiti was opened on the basis of fabricated documents and the same was got falsely registered. It was also directed that no such Samiti was functioning at the address given in the documents. During investigation of the case Smt. Devki Kaushal had stated that she used to run the Society named Pratisil Mahila Mandal and the said Society was recognized and had received Rs. 20,000/ - as grant from Haryana Social Welfare Advisory Board, Chandigarh. She has further stated that no letter was ever received in her house No. 30 Harbanspura Yamuna Nagar in the name of Loyal Samiti. During investigation it was further found that the postal authority had also reported that no Loyal Shiksha Samiti was found running at the aforestated address and thus the amount of Rs. 25,000/ - was returned back but even then A.K. Dua, Secretary again delivered the said draft of Rs. 25,000/ - personally knowing well that there was no Loyal Shiksha Samiti at the given address. The office record was prepared wrongly in the name of Om Parkash Vardhan and Smt. Parsanni Devi had issued orders for appropriate action. That the said draft was found to have been delivered at the aforesaid address. During investigation, it was found that there was neither Om Parkash resident nor Loyal Shiksha Samiti and no member of the said Samiti was traceable and said Samiti was found to be forged.

(3.) IN order to prove its case, the prosecution examined PW -1 Subhash Chand, PW -2 Jasmer Singh, Postman, PW -3 Man Singh, another postman, PW -4 A.L. Gulati, PW -5 Smt. Devki Kaushal, PW -6 Constable Krishan, PW -7 Smt. Kamlesh, PW -8 Mam Chand Saini, Accountant, PW -9 Chander Shekhar, PW -10 Janta Ram, PW -11 S.L. Behmi, Deputy Manager, PW -12 Nrip Jeet Singh, PW -13 Rajesh Katyal, Chartered Accountant of M/s. R.K. Katyal & Co., Chartered Accountant, Rohtak, PW -14 Puran Singh Parmar, PW -15 Meenu Kumari, Clerk, PW -16 Jit Kaur, PW -17 Sawanran Ahuja, Assistant Haryana Samaj Kalyan Salhakar Board, Chandigarh PW -18 Smt. Romila Chopra, Deputy Director, Central Social Welfare Board, New Delhi, PW -19 Ram Chander, Assistant Manager, Union Bank of India, Chandigarh, PW -20 Ram Kumar, Field Investigator from the office of District Registrar, Firms & Societies, Kurukshetra, PW -21 Rajinder Singh the then DSP and PW -22 Mohinder Singh the then DSP State Vigilance Bureau, Investigating Officer.