RAMESHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Applicant - Rameshwar Singh has preferred the instant application under Sec. 378(3) Cr.P.C. seeking leave to appeal against judgment dtd. 6/11/2019 passed by learned Judicial Magistrate 1st Class, Hathin, vide which respondent No.2, Fateh Mohammad has been acquitted of offences punishable under Ss. 409/420/467/468/471 IPC.

(2.) Factual scenario, as revealed by complainant is that this complaint case was filed by the complainant with the allegations that he is permanent resident of village Chainsa. Accused is ex-Sarpanch of village Chainsa. He used to distribute old age pension and other pensions to the villagers. Gian Singh S/o Chhida, Rehmati w/o Lallu and Rehmani w/o Jafrudin were taking benefit of double pension and one pension of the aforesaid persons used to be embezzled by accused Fateh Mohammad either by affixing thumb impressions of said persons or affixing thumb impressions of other persons in connivance with him. Pension of deceased Man Singh was illegally taken by the accused even after his death. Various complaints were given to the police authorities and administration, but in vain. Hence, the present complaint was filed, in the Court of learned Judicial Magistrate 1st Class, Hathin.

(3.) In the preliminary evidence, complainant - Rameshwar Singh himself appeared as his own witness as CW1 and has reiterated on oath all the averments as made in the complaint. He also examined CW2 Balram, who also supported the version of the complainant. Khoob Chand, Clerk, Social Welfare Department was examined as CW3, who proved the documents Ex.C1 to Ex.C8.