STATE OF H.P. Vs. CHANAN SINGH

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed between August 1994 and 31st March, 1995, accused was put to trial. In terms of judgment dated 3.7.2002 passed by Special Judge, Una, District Una, H.P., in Sessions Case No. 4 of 2000, titled as State of H.P. v. Chanan Singh Case No. 4 of 2000, accused stands acquitted of the charged offences.

(2.) IT is the case of the prosecution that accused was posted as Senior Clerk in the Book Depot established by the Himachal Pradesh Board of School Education at Una. He was posted vide orders dated 28.8.1986 (Ex.PB/1), 26.10.1993 (Ex.PB/2) and 25.3.1995 (Ex.PB/3). Accused was entrusted with the duty of selling books from the Depot for classes between 9th class and plus two. Accused took over charge from Kulvir Singh (PW.16). Since January 1995 accused started occasionally absented and w.e.f. 25.3.1995, continuously remained absent. Sh. Dhani Ram (PW.25) reported this fact to the Head Office and vide telegram dated 10.3.1995, and letter dated 25.3.1995 (Ex.PZ/1) accused was asked to immediately report on duty. On 30.3.1995, Jagdish Puri (PW.24) Assistant Secretary of the Board, came to Una and constituted a Committee comprising of himself, Sh.S.K. Parashar (PW.18) and Sh. Dhani Ram (PW.25). Purpose was to break open the locks of the room where the books were stored by the accused. Locks were broken and stock pertaining to the books and answer sheets was checked, verified and inventory (Ex.PF) prepared by members of the Committee. Physical verification of the stock took place between 31.3.1995 upto 7.4.1995. It was found that there were shortage of Books and Answer Sheets to the tune of Rs.3,23,323.50. List (Ex.PX/1 to Ex.PX/4) was prepared. Vide registered letter dated 21.4.1995 (Ex.PZ/2), accused was asked to make good the short fall. Since accused did not comply with the same, complaint (Ex.PA) was made by Sh.R.S. Negi (PW.1) with the police. Formal FIR No. 21/96 dated 29.1.1996 (Ex.PB) was registered with Police Station A.C. Zone, Una, under Section 379, 420 and 409 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988. During investigation carried out by Inspector Pritam Singh, (PW.26), Smt. Satvinder Kaur (PW.4), who in absentia took over charge from the accused, produced copy of the attendance register (Ex.PE), copy of charge list (Ex.PF) and list of registered book sellers (Ex.PG). Sh. Inder Singh (PW.3) Sr. Assistant, Sale Book Depot, produced stock register (Ex.PH/1, Ex.PH/2) and cash memo books (Ex.PH/3 to Ex.PH/6). Sh. Narinder Kumar Sehgal (PW.6) proprietor New Art Press, Jallandhar, on receipt of supply order from the Secretary of the Board, supplied books to the accused vide receipts (Ex.PJ/9/A, PJ/9/B and PJ/9/C). Sh. Rakesh Kumar (PW.7), proprietor M/S Bir Bhoomi Printing Press, Jallandhar, supplied books to the accused vide receipts (Ex.PJ/8/A to PJ/8/D, Ex.PJ/9/D and PJ/7/A). Sh. Vijay Kumar (PW.8), proprietor M/S P.K. Printiners, Jallandhar, supplied books vide receipt (Ex.PJ/9/E) dated 18.7.1994. Sh. Ramesh Dhiman (PW.8) prepared transfer voucher (Ex.PK) and handed over the same to Ashok Kumar of Book Sales Depot, Una. Sh. Ram Labhaya (PW.9), proprietor, M/S Neptune Printers, Jallandhar, supplied books vide receipts (Ex.PJ/9/E to PJ/9/E to PJ/9/G, PJ/7/A, PJ/8/E to PJ/8/G). Sh. Shashi Khanna (PW.10), proprietor, M/S Swan Printing Press, Jallandhar, supplied books vide receipts (Ex.PJ/9/H and PJ/9/J). Sh. Rajnesh Sehgal (PW.11), Prop. Sehgal Printers and Packers, Solan, on receipt of supply order from the Board, supplied 10 bundles of answer -sheets of 8th class, 90 bundles of answer -sheets of 10th class and 25 bundles of answer -sheets for +2 class and continuation sheets for all classes in 50 bundles vide receipt (Ex.PL) dated 3.2.1994, which was signed by the Depot Incharge. Sh. Rakesh Kumar (PW.12) Prop. Tenu Printers and Packers, Parwanoo, supplied answer -sheets vide receipts (Ex.PM, Ex.PN , Ex.PO) and books vide receipt (Ex.PP). Sh. Manpreet (PW.14) Prop. Guru Impression Boxes, Parwanoo, supplied books vide receipts (Ex.PQ, Ex.PR, Ex.PS, Ex.PT and Ex.PU). Investigation further revealed that supply orders were issued directly from Head Office and payments thereof released from there. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined 26 witnesses and statement of the accused under Section 313 Code of Criminal Procedure was also recorded, in which he took the following defence: