STATE OF HP Vs. BRAHMA NAND

JUDGEMENT

(1.) Acquittal of the respondents passed in criminal case No. 129/2 of 2002, decided on 25.8.2003, by the learned trial Court has been assailed in the present appeal by the State.

(2.) Heard and gone through the record.

(3.) Facts giving rise to the present appeal can be stated thus. In the month of November, 2000, General Elections of the Panchayats were declared by the State Government. The post of Whether the reporters of Local Papers may be allowed to see the judgment ?. yes Pradhan, Gram Panchayat Devna, in sub-Tehsil Nohradhar, District Sirmaur was reserved for the candidate belonging to OBC category. PW1 Som Dutt complainant filed his nomination for the post of Pradhan and Brahma Nand was his rival candidate, as OBC candidate. The date of scrutiny of the nomination papers was 30.11.2000. The nominations of both these persons along with others were accepted by the Assistant Returning Officer (A.R.O.). It is alleged that on 30.11.2000, complainant Som Dutt moved an application to the A.R.O. for furnishing information whether respondent No. 1 Brahma Nand had filed any OBC certificate along with his nomination paper. A.R.O. made endorsement thereon that respondent Brahma Nand had filed a certificate on 30.11.2000 showing him from OBC category.