STATE OF H P Vs. JASWANT SINGH BANYAL

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 21.12.1989, accused was put to trial. In terms of judgment dated 27.9.1999 passed by Special Judge, Una in Sessions Case No. 1 of 1997, titled as State of H.P. vs. Sjaswant Singh Banyal, accused stands acquitted of the charged offences.

(2.) IT is the case of the prosecution, that on 21.12.1989, accused cheated the complainants. He dishonestly induced them to give him amounts varying from 20 to 35 each on the pretext that in lieu of the same accused would issue licences to them for setting up of their "Rehris". In all, accused is alleged to have dishonestly and fraudulently misappropriated total amount of RS. 870.00. On the basis of the complaint, FIR No.156 of 1989 (Ex.PA) dated 21/12/1989 was registered with Police Station Amb, under Sections 420, 465, 471, 468 and 409 IPC and 13(2) of Prevention of Corruption Act (for short the Act). The investigation was carried out by Sh.Nardev Singh (PW.28), who was below the rank of an Inspector of Police. Investigation revealed that accused was posted as a Block Medical Officer at Amlehar, in the month of December 1989. He issued licences on receipt of excess payment to the shop keepers at Amb. With the completion of investigation, challan was presented in the Court for trial.

(3.) THE Court below acquitted the accused of the charged offence, hence the present appeal.