CHAMAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of conviction dated 14.02.2004 and order of sentence dated 19.02.2004 passed by the Special Judge, Sirsa, whereby accused -appellants Chiman Lal and Dr. R.K. Gupta have been convicted and sentenced as under: - <FRM>JUDGEMENT_521_LAWS(P&H)2_2015.htm</FRM>

(2.) MR . Munish Ram, Animal Husbandry Department, Sirsa, made a complaint to the Chief Secretary, Government of Haryana, Vigilance Department, against Dr. Ram Kumar Gupta, SDO, Sirsa with regard to his corrupt and dictatorial behaviour. The said complaint was forwarded to the Superintendent of Police, State Vigilance Bureau, Hisar Division, Hisar for enquiry. Thereafter, Inspector Abhey Ram, SVB, Sirsa and Inspector Ram Dhan, conducted an enquiry into the matter and found that Dr. Prem Prakash Mehta, Animal Husbandry, Sirsa was residing in a Government quarter, but he claimed bogus house rent. As per the orders of the Director, Department of Animal Husbandry, Chandigarh, he had deposited Rs.7075/ - on account of house rent along with interest amounting to Rs.3366/ -. Thereby, he has temporarily embezzled a sum of Rs.7075/ -. The enquiry officers further found that Dr. R.K. Guptaappellant No.2, who was posted as SDI, Department of Animal Husbandry, Dabwali, never resided on rent in the house of Chiman Lal Singla -appellant No.2 during his posting as SDO at Dabwali, but he had withdrawn a sum of Rs.12,450/ - as house rent without producing any receipt in that regard. He himself was a Drawing and Disbursing Authority at that time. During enquiry, it was also found that Chiman Lal -appellant No.1 had submitted a false affidavit stating that Dr. R.K. Gupta -appellant No.2 was residing in his house on rent. In this background, FIR No.5 dated 07.04.1999, under Sections 409, 420, 468, 471, 120 -B, 199, 218 IPC and Section 13 (1) (d) of Prevention of Corruption Act, 1988 was registered against all the accused at Police Station, SVB, Hisar. After completion of investigation, challan against all the accused was prepared and presented in the Court.

(3.) AFTER presentation of the challan, accused -appellant No.2 Chiman Lal was charge sheeted under Section 120 -B IPC, whereas accused Dr. R.K. Gupta and Dr. Prem Prakash Mehta were charged sheeted for commission of offence under Section 13 (1) (d) (i) of Prevention of Corruption Act, to which, they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined Prem Chand (PW -1), Dr. R.K. Kathuria, Deputy Director, Animal Husbandry, Panchkula (PW -2), Rattan Singh, V.L.D.A. Veterinary Hospital, Odhan (PW -3), Narinder Kumar, Sweeper in Vetrinary Department at Meerpur (PW -4), Lachhman Singh, Assistant office of Deputy Director, Animal Husbandry, Sirsa (PW -5), Dr. Shivaditta (PW -6), Rameshwar Dass, VLDA, Dabwali (PW -7) and Rattan Singh, DSP (PW -11). Thereafter, the evidence of the prosecution was closed.