STATE OF HIMACHAL PRADESH Vs. SHASHI PAL

JUDGEMENT

(1.) STATE is aggrieved by the judgment dated 25th June, 2003 of learned Special Judge, whereby Respondents Shashi Pal and Hans Raj Mehta, who were charged with and tried for offences, under Sections 420, 467, 468, 465, 471 & 120B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988, stand acquitted.

(2.) CASE of the prosecution is that Respondent Shashi Pal, while working as Forest Guard in Kandi area Project at Nalagarh, had been issued various Muster Rolls, for getting executed different works, by engaging labourers. Those Muster Rolls are Ex. PA, Ex. PH, Ex. PJ, Ex. PK and Ex. P - 35. In Muster Roll Ex. PA, six fake entries were made, in the names of Tarsem Lal (PW -3), Mangat Ram (PW -1), Sita Ram (PW -2), one Ram Rakha, one Ranjeet Singh and one Dharam Pal, alongwith several other persons, showing their engagement and disbursement of a sum of Rs. 3,520 / - to them, though in fact the above -named persons had not been engaged nor had they been paid any amount of money. Similarly, it was alleged that in Muster Roll Ex. PH, two persons Shyam Lal (PW -8) and one Ram Saran alias Sarna were shown to have been engaged, alongwith several other persons, and a sum of Rs. 1,240/ - was shown to have been disbursed to them, but actually the entries were fake and those persons had neither been engaged nor were they paid any amount of money.

(3.) PW -10 Asha Ram was shown to have worked at two sites, during the same period, in two Muster Rolls, i.e. Ex. PK and Ex. P -35.