STATE OF HIMACHAL PRADESH Vs. SUDERSHAN KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 1st January, 2007, of learned Special Judge, Solan, whereby respondents Sudershan Kumar and three others, who were tried for offences, under Sections 120-B, 409, 218 & 420 of the Indian Penal Code, and Section 13(2) of the Prevention of Corruption Act, 1988, have been acquitted.

(2.) RESPONDENT Sudershan Kumar was working as Incharge of H.P. State Civil Supplies Corporation, Chambaghat, a suburb of Solan town, and respondent Ramesh Chand son of Bhagwan Singh (hereinafter referred to as Ramesh Chand ? I) as helper in the aforesaid Corporation, in the month of May, 2003. RESPONDENT Pawan Kumar Sahni is the proprietor of a flour mill, known as Giri Raj Atta Mill, at Deonghat, another suburb of Solan town. RESPONDENT Ramesh Chand son of Sher Bahadur (hereinafter referred to as Ramesh Chand ? II) was employed as Munshi by respondent Pawan Kumar Sahni, for assisting him in the affairs of the aforesaid flour mill.

(3.) SOON Truck No. HP-14-6189 appeared on the National Highway from the side of store of H.P. State Civil Supplies Corporation at Chambaghat. It was followed by PW-14 Dy. S.P. Hari Chand, in a Government Gypsy. He was accompanied by PW-11 SI Bheem Singh and some other police officials. Truck crossed Solan town and proceeded towards Deonghat. It stopped behing two trucks, which were already parked near the flour mill of respondent Pawan Kumar Sahni. PW-14 Dy.S.P. Hari Chand accompanied by PW-11 SI Bheem Singh and other police officials deboarded their vehicle and went to the site where the truck had been stopped. Driver of the truck, namely PW-2 Shri Duni Chand, was in driver's seat. Respondent Ramesh Chand ? II was in the driver's cabin. There were no papers, regarding transportation of wheat, available with the driver. On enquiry, driver told that the wheat had been loaded at the instance of respondent Ramesh Chand ? II, who claimed that the papers were with him. Wheat bags, loaded in the truck, were counted. They were 130.