STATE OF H.P. Vs. SUBHASH SHARMA

JUDGEMENT

(1.) MS . Kiran Dhiman has been requested to assist this Court as amicus -curiae and she has agreed for the same. The documents are being provided to her.

(2.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 2nd April, 1997, passed by learned Chief Judicial Magistrate, Kangra at Dharamshala, H.P., in Criminal Case No. 63 -II/95 (RBT 37 -II/95), thereby acquitting the respondent / accused Subhash Sharma for offence under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code.

(3.) THE prosecution case, in brief, was that respondents / accused Rohani alias V.K. Jain and Subhash Sharma were allegedly involved in the aforesaid offence for cheating Ramesh Kumar, Sanjeev Kumar, Shankar, Sarvan and Karam Chand by dishonestly inducing them to deliver a sum of Rs. 36,050/ - on the pretext of providing them employment in a mill not in existence and they also forged certain documents purporting to be valuable security with an intent to extract money on the pretext of giving employment in a mill. On inquiry, both the accused were held guilty of the aforesaid offence, as such, they were tried by the learned Chief Judicial Magistrate.