STATE OF HIMACHAL PRADESH Vs. SUKAR DEEN

JUDGEMENT

(1.) STATE has appealed against the judgment dated 31st March, 2008 of learned Special Judge, whereby Respondents Sukar Deen, Satish Chander Sharma, Tarsem Lal Chandla and Parkash Chand Sharma, have been acquitted of charge, under Sections 409, 420, 467, 468, 471, 120 -B of the Indian Penal Code, and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) CASE of the prosecution is that Respondent Sukar Deen, posing himself to be Pradhan of a Nirman Committee of Tissa, submitted plans for construction of a playground, a street and a Panihar/Khurli (water tank for providing water to cattle) to Respondent Satish Chander Sharma, in his capacity as Block Development Officer, Tissa, under Vikas Mein Jan Sehyog Scheme and also deposited certain amount of money, representing that the same was the contribution of the people of the area. Respondent Satish Chander Sharma, despite having been informed by PW - 33 Shri Kishori Lal, Senior Assistant, in writing, that playground had already been constructed by the Panchayat, under a different scheme, sanctioned an amount of Rs. 38,000/ - for school playground, Rs. 22,800 for construction of street and Rs. 16,800/ - for construction of Panihar/Khurli. Respondent Satish Chander Sharma was assisted, in sanctioning the aforesaid amounts, by Respondent Tarsem Lal Chandla, working as Junior Engineer in his office. Respondent Sukar Deen prepared false record and Respondent Parkash Chand Sharma, in his capacity as Secretary of Gram Panchayat, assisted Respondent Sukar Deen in his design, by preparing false writings that the aforesaid three schemes had been approved by the Panchayat.

(3.) CASE was registered, on the basis of a letter Ex. PW -35/C, written by Inspector General of Police to Vigilance Cell, Chamba. Formal FIR is Ex. PW -17/A.