STATE OF HARYANA Vs. KEHAR SINGH

JUDGEMENT

(1.) Being aggrieved by the order of Chief Judicial Magistrate, Karnal dated 17-12-1996 passed in case No. 478 of 1994 'State v. Kehar Singh', the State of Haryana has filed this criminal revision.

(2.) Briefly stated the prosecution case was that respondent-accused Kehar Singh was Sarpanch of Gram Panchayat Nidana. During his tenure as Sarpanch he misappropriated Government funds. He got four walls of village pond constructed by using inferior quality of cement and bricks while in the accounts maintained in the Panchayat office he has shown the cost of superior quality of cement and bricks. As per the enquiry conducted by Executive Engineer, StateVigilance Bureau on the construction of these walls of village tank 9 bags of cement were not used which are shown in the account. During his tenure as Sarpanch from 1-8-1989 to 2-8-1990 he received 890 bags of cement while as per quality parameters of project cost only 774 bags of cement are used. Thus he has embezzled the cost of 103 bags of cement. In the same way while constructing village drainage and getting the school rooms plastered he has wrongly shown the use of 8 and 17 bags of cement respectively which are not at all used as per the quality parameters of project cost of this construction work. Thus in all he has misappropriated 137 bags of cement by showing their use in the account books though in fact they were not so used.

(3.) On the basis of the report submitted to the Superintendent of Police, Haryana State Vigilance Bureau, F.I.R. was lodged with Police Station, SVB Karnal. On the basis of this F.I.R., investigation was held and challan was submitted in the Court of Chief Judicial Magistrate, Karnal.