STATE OF HARYANA Vs. PREM SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.9.1984 passed by the Judicial Magistrate Ist Class, Hansi, by which the respondents have been acquitted under Sections 420/120-B, 168 of the Indian Penal Code.

(2.) THE facts in detail are mentioned vide our judgment in Criminal Appeal No. 208-DBA of 1985 arising out of challan No. 1 against the present accused. This appeal arises out of challan No. 3 against the accused persons. Therefore, we feel no necessity to discuss the facts of the present case in detail again. However, under this challan, it is the allegation of the prosecution that on 9.2.1972, the accused persons received a sum of Rs. 2,000/- while they were posted as public servants in the employment of Government of Haryana at Rural Artisan Training Centre, Hansi from the office of the Block Education Officer, Hansi being the sale proceeds of textile goods alleged to be manufactured at their centre and thereby cheated them by dishonestly inducing them to believe that the goods were in fact of Rural Artisan Training Centre, Hansi, whereas, they had reason to believe that the same goods were not prepared at Rural Artisan Centre, Hansi, and in pursuance of this inducement they made the said officer of the Block Education Officer, Hansi to make the payment of the said amount. It is further alleged that on 8.3.1972, the accused received a sum of Rs. 2,176/- in the same capacity from the same office and on the same inducement. It is further alleged that on 10.2.1972 they received a sum of Rs. 4,500/- from the said office on similar facts and circumstances. Both the accused persons were charge-sheeted under Section 420 of the Indian Penal Code and 120-B of the Indian Penal Code.

(3.) IN challan No. 3, the accused persons have been charge-sheeted under Section 168 of the Indian Penal Code also. The allegation of the prosecution is that in the year 1972 both the accused i.e. Prem Singh and Surender Kumar being public servants in the employment of Government of Haryana in the department of Industrial Training being posted at Rural Artisan Training Centre, Hansi and being as such public servants legally bound not to engage in trade, did engage in trade by procuring textile goods from private sources and supplying the same to the Block Education Officer, Hansi and made the alleged sale as if the goods had been manufactured at their centre.