STATE OF H.P. Vs. SURESH PATIAL

JUDGEMENT

(1.) THE above titled appeals are arising from the same judgment passed by the learned Special Judge Kinnaur Sessions Division at Rampur in Sessions Trial No.1 of 2000 decided on 26.9.2005, whereby the appellants Suresh Kumar and Chatter Singh were charge-sheeted, tried and convicted for the offences punishable under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, however the appellant Suresh Patial a Junior Engineer of the HPSEB was acquitted for the offence punishable under Section 13(2) of the Prevention of Corruption Act, against which the State has filed separate appeal (Cr.A. No.513 of 2005). The aforesaid convict-appellant were sentenced by the learned trial Court as under :- Name of the Under Sentence convict-Section appellant Suresh Patial (JE) 420 IPC SI for a period of six months and to pay a fine of Rs.10,000/- and in default of payment of fine SI for one month. 467 & 468 IPC SI on each count for a period of six months and to pay fine of Rs.5,000/- on each count, in default SI for onemonth on each count. 471 IPC SI for two months Chhater Singh 420 IPC SI for a period of six months and to pay a fine of Rs.2,000/- and in default of payment of fine SI for one month. 3 467 & 468 IPC SI on each count for a period of six months and to pay fine of Rs.2,000/- on each count, in default SI for one month on each count. 471 IPC SI for two months.

(2.) THE substantive sentences against each of the appellants aforesaid were ordered to run concurrently.

(3.) ADDITIONAL Secretary (Vigilance) Government of Himachal Pradesh vide his letter No. (Vig) F -3(S.E.B.) 58/90 (Enforcement) dated 24.9.1992 sought an enquiry through the Enforcement Department of State Police with respect to the release of amount regarding the electric goods supplied by M/S. Thakur Electricals to the HPSEB at Bhaba Nagar. PW15 Suram Singh Thakur owner of Thakur Electrical Bhagra Niwas Shimla had denied having submitted nine bills to the office of HPSEB for payments. According to him, the said Bills were forged and fabricated in the name of his firm, he also gave a complaint in writing Ex.PW15/A to the Superintendent of Police which was enquired into by PW17 Tarlochan Singh Dy. S.P. (Enforcement) South Zone, Shimla. On enquiry, he found that 9 bills mentioned at serial No.7 to 14 in his report Ex.PW17/A were fictitious and wrongly prepared in the name of ˜Thakur Electrical Bhagra Niwas, by the appellants and on the report of the Dy.S.P. FIR Ex.PW17/B was registered in Police Station (Enforcement) South Zone, Shimla. Thereafter he took over the investigation of this case.