LAWS(HPH)-2010-11-23

STATE OF H P Vs. ASHOK THAKUR

Decided On November 02, 2010
STATE OF HIMACHAL PRADESH Appellant
V/S
ASHOK THAKUR Respondents

JUDGEMENT

(1.) The respondents were tried and acquitted for the offences punishable, under Sections 420, 465, 468, 471 and 120-B of the Indian Penal Code. Hence, the State filed the instant appeal.

(2.) Heard and gone through the record.

(3.) In short, the prosecution story can be stated thus. Respondent Ashok Thakur, at the relevant time, was not a student of evening College of H.P. University. He is alleged to have applied for the issuance of concessional student pass by putting fictitious stamp/seal and the signatures of the Principal in connivance of respondent No. 2. PW-1 Prem Singh Thakur was the Regional Manager at the relevant time and he received a letter from PW-2 Jagjiwan, who was the then Incharge of CBA, Main Bus Sand, Shimla that respondent Ashok Thakur wrongly applied for the concessional bus pass and forged the signatures of the Principal. On the basis of this information Ext.PW1/A, complaint Ext.PW1/B was addressed to the SHO by him for the registration of a case. A formal FIR was registered. Police swung into action and investigated the case. The statements of the witnesses were recorded. The respondents were arrested. The specimen hand writings were taken before the Executive Magistrate, Shimla but not sent for its comparison to the hand writing expert and after completing the investigation, case was presented for the trial of the respondents.