STATE OF H.P. Vs. JASPAL SINGH

JUDGEMENT

(1.) The State has preferred the present appeal against the judgment dated 22.03.1996 passed by the learned Special Judge (Forest), Shimla, whereby the respondent accused (hereinafter referred to as the accused) has been acquitted of the charge under section 5(i)(d) of the Prevention of Corruption Act punishable under Section 5(2) of the said Act now corresponding to section 13 (1)(d) of the Prevention of Corruption Act, 1988 (here -in -after referred to as the Act) and section 325 of the Indian Penal Code.

(2.) Case of the prosecution, in brief, is that on 16.07.1993 when the accused was investigating case FIR No.95/93 under section 430 I.P.C. registered at Police Station, Jubbal on the instigation of some interested persons severely beat up Hukam Chand resulting in the fracture of his colour bone and piercing of his ear drum. When Chamo Devi (PW -8) mother of Hukam Chand (PW -6) pleaded for mercy and to spare said Hukam Chand the accused demanded a sum of Rs. 10,000/ - as illegal gratification to spare said Hukam Chand (PW -6). Chamo Devi (PW -8) paid a sum of Rs.10,000/ - to the accused who in turn asked Chamo Devi not to report the matter to the police and to keep quiet in the matter. Hukam Chand was thereafter taken to Civil Hospital, Rohru where he was treated for a few days and thereafter was referred to I.G.M.C. & Hospital at Shimla. While in Shimla Hukam Chand made a complaint to the Superintendent of Police Ext.PA about his beating and taking the illegal gratification as aforesaid by the accused on the basis of which report daily diary Ex.PB was recorded at Police Station,Rohru and subsequently formal F.I.R. Ext.PW -16/A was recorded in the Police Station, Jubbal. During the Course of investigation the police obtained MLC Ext.PW -13/A about the medical examination of Hukam Chand from Dr.Prem Machhan (PW -13). As per the MLC Ext.PW -13/A tenderness over surgical spine C -4 and Cr5 of Hukam Chand was detected and he was got X -rayed. After perusal of the X -ray films fracture of C -4 vertibra (spine) was detected which was a grievous injury. As per the medical opinion the injury was caused with a blunt weapon and was about three weeks old at the time of medical examination of Hukam Chand on 09.08.1993 at 5 PM. On production by accused one stick was taken in possession by the police vide memo Ext.PW -15/A. On the request of Superintendent of Police, Shimla Ext.PW -12/B, the District Magistrate, Shimla vide Ext.PW -12/A came to the conclusion that criminal proceedings initiated against the accused before the Court of law would meet the ends of justice, therefore, further action in the matter be taken accordingly. The Investigating Agency thereafter submitted the chargesheet against the accused who came to be tried by the learned Special Judge (Forest), Shimla on a charge under Section 5(1)(d) now corresponding to Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 325 of the Indian Penal Code.

(3.) To prove the charge against the accused prosecution examined 18 witnesses.