STATE OF HARYANA Vs. BHOPAL SINGH

JUDGEMENT

(1.) THIS is a revision by the State of Haryana whereby it has challenged the order of discharge passed by Addl. Sessions Judge Jind vide order dated 9.5.1994 discharging Bhopal Singh, respondent, in case FIR No. 4 dated 23.2.1989 under Sections 420/471/120-B/468/511, Indian Penal Code, of P.S. State Vigilance Bureau Hissar. The State of Haryana has prayed that the order of discharge be set aside and the Magistrate be directed to proceed and try the accused in accordance with law.

(2.) FACTS of the prosecution case are as follows: Ramesh Kumar accused was a contractor supplying rice husk to Milk Plant, Jind. According to the prosecution, in collusion with the employees of Milk Plant Jind named Pirthi Singh Dangi, Bhopal Singh, Jagan Nath, Sukhi Ram, Bharpur Singh, Umed Singh and Dilbagh increased the quantity of rice husk in the records of the Milk Plant than the actual quantity of rice husk which had been supplied by him to Milk Plant, Jind. This was done by committing forgery in the Stock Register of the Milk Plant. Entries in the stock register were tampered with. A probe was held by the Inspector, State Vigilance Bureau, Haryana Branch, Jind under the order of Government of Haryana. As a result of that probe, a case was registered. It was found that they had been tampering with the entries of the stock register with regard to the quantity of rice husk supplied by Ramesh Kumar. In G.R. No. 2503 dated 22.4.1987, 16.7 kgs. of rice husk was supplied. After tampering with, the entry was made to read 116.70 kgs. Similarly, against G.R. No. 2504 dated 25.4.1987, 16.85 kgs. of rice husk was received. After tampering with, the entry was made to read as 116.85 kgs. Probe indicated that there was tampering with in eight other entries. In each of those entries, digit "1" was prefixed. Ramesh Kumar, contractor, had purchased the rice husk from Messrs Jai Durga Rice Mills Jind. After committing forgery, the bills for payment presented by Ramesh Kumar were passed by Dilbagh Singh and others. Along with bills, police took into possession inspection note and Inward Gate passes dated 28.4.1987 and 21.4.1987. Bill dated 28.4.1987 was allegedly signed by Khushi Ram and Dilbagh Singh. Bill dated 21.4.1987 was allegedly signed by Dilbagh, Ramesh Kumar and Khushi Ram. Bill presented by Ramesh Kumar was allegedly signed by Ramesh Kumar, Bharpur Singh, Pirthi Singh and Bhopal Singh. Inspection note dated 21.4.1987 of Milk Plant Jind was prepared by Umed Singh and signed by Bhopal Singh and Jagan Nath. According to the prosecution, Bhopal Singh, Ramesh Kumar, Khushi Ram, etc., thus, committed forgery.

(3.) ADDL . Sessions Judge, Jind dismissed the revisions filed by Umed Singh and others. He accepted the revisions filed by Dilbagh Singh and Bhopal Singh.