STATE OF PUNJAB Vs. BALJIT SINGH & ANOTHER

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.02.2015 rendered by learned Additional Sessions Judge, Fazilka whereby respondents-accused Baljit Singh alias Babbu son of Harbhajan Singh and Gurbir Singh son of Gurbachan Singh were acquitted of the charges framed against them by way of accepting their appeal against their conviction recorded by learned Sub Divisional Judicial Magistrate, Abohar.

(2.) Initially, FIR No. 10 dated 04.01.2003, under Sections 379/409 of the Indian Penal Code (for short 'IPC') was registered against 8 persons including present respondents-accused. Daljit Singh son of Niranjan, Parkash Chand son of Jagdish Rai, Baldev Singh son of Arjan Singh, Hem Raj son of Mohan Lal, Heera Bahadur Chowkidar son of Tulsi and Lachhman Dass son of Chamba Ram were acquitted by the learned Sub Divisional Judicial Magistrate, Abohar vide judgment dated 31.03.2012 whereas respondents-accused Baljit Singh and Gurbir Singh were held guilty for committing offence punishable under Section 406 IPC and were punished accordingly. Against aforesaid judgment of conviction dated 31.03.2012, respondents-accused filed appeal before the court of learned Additional Sessions Judge, Fazilka which was decided in their favour on 23.02.2015 and they were ordered to be acquitted. Against this judgment, State of Punjab has come up in this appeal before this Court.

(3.) Brief facts of this are like this; that in the year 2002-2003, respondents-accused, being Directors of Sri Pashupati Rice Mills, entered into an agreement dated 18.10.2002 with PUNSUP. In pursuance of that agreement, 68336 bags weighing 23917.60 quintals paddy was issued to the aforesaid mill against receipt dated 19.11.2002. 67436 bags weighing 23602.60 quintals of grade-I paddy were issued in the name of aforementioned directors of the aforesaid mill whereas remaining 900 bags were sent to the aforesaid mill through PUNSUP from Mallanwala PUNSUP Center for which receipt was yet to be issued. However, the aforesaid rice mill had supplied only 500 bags weighing 247.50 quintals of the paddy i.e. 1040 bags weighing 364 quintals in the PUNSUP account. On 30.12.2012, Parkash Chand, Inspector, Bachan Lal, Field Officer, Baldev Singh, PDC, officials of the PUNSUP informed the District Manager, PUNSUP that upon physical verification of paddy they found that a large quantity of paddy was missing. On 31.12.2002, District Manager along with Deputy District Manager as well as the police officials of the police station Abohar visited the premises of the rice mill and found that the gate of the was locked. Through the holes, it was found that one stack of paddy was lying in its premises and remaining stacks were missing. In this manner, when the officials of the PUNSUP conducted the physical verification of the paddy, only 3820 and 277 bags of paddy were taken into police possession whereas remaining 65000 bags weighing 35 Kgs, each of paddy, were found missing. Thereafter, on the complaint of District Manager, PUNSUP, Ferozepur, the FIR of this case was registered against the accused. During the course of investigations, officials of PUNSUP namely Daljit Singh Gill, Baldev Singh, Parkash Chand, Hem Raj, Lachhman Dass, Heera Bahadur and the owners of the rice mill namely Gurbir Singh and Baljit Singh were found to be accused as in connivance of these officials and directors of the rice mill, the paddy purchased from Malout has not reached the rice mill completely. Thus, after completion of investigations, the challan was put in the Court against the accused.