MAN CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Man Chand is aggrieved by the judgment dated 24th May, 2003 of learned Special Judge, whereby he has been convicted of offences, under Sections 467, 468, 471, 409 and 420 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced as follows:

(2.) Case of the prosecution, which led to the trial and conviction of the Appellant, may be stated. Report, under Section 173 of the Code of Criminal Procedure, was filed, by the prosecution, against five persons, namely Sonam Chopal, Sonam Dorje, Govind Ram, Sanam Dev Thakur, and the present Appellant. Case of the prosecution is that food grain supplies for snow-bound Sub Division of Spiti used to be made from Food Corporation of India Depot at Tapri. PW-4 Sher Singh was the Incharge of the Depot, at Tapri. Supplies used to be received by the employees of the Food and Supplies Department of the State of Himachal Pradesh and Appellant Man Chand, who was working as Food Inspector at Kaza, the headquarter of Spiti Sub Division, used to receive the supplies, on behalf of the aforesaid Department of the State Government. After receiving the supplies at Tapri, the Food and Supplies Department used to transport the supplies, through contractors, who would carry the supplies partly by automobiles and partly on mule back. Sonam Chopal and Sonam Dorje, who were co-accused with the Appellant, were such contractors.

(3.) Appellant received 2500 quintals of wheat from Sher Singh (PW-4), in the year 1984, against receipts Ex. PW-4/G and Ex. PW-4/H. The entire quantity was handed over by the Appellant to his co-accused Sonam Chopal and Sonam Dorje, for being carried to various depots, in Spiti Sub Division, under his personal control. The food grains were not carried by Sonam Chopal and Sonam Dorje to Spiti Sub Division. They, however, submitted bogus bills and receipts, showing that they had delivered the food grains to the Appellant at Gulling in Spiti Sub Division and on the basis of those forged bills and receipts they received carriage charges from the Department. Sonam Chopal received1,48,139.80 and Sonam Dorje1,16,608.25, on account of carriage charges.