STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR GUPTA

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 13.02.2004, of the learned Special Judge, Solan, whereby, Respondents Suresh Kumar Gupta and Rameshwar Dass, have been acquitted of the charge, under Sections 467, 468, 465, 471, 420 read with Section 120-B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) Prosecution case, which led to the trial of the Respondents for the aforesaid offences, may be stated. Respondent -Rameshwar Dass was employed as daily waged worker in Irrigation and Public Health Department and posted as Fitter in a Sub-Division at Nalaragh. On 24th November, 1988, while repairing some pipe, he met with an accident and sustained an injury on his mouth, which resulted in defoliation of one of the teeth. Also, there was an injury to the upper lip. No other injury was there. He was taken to hospital at Nalagarh. Medical was conducted and Medico Legal Certificate was issued. In the certificate also, there was reference of injury to one of the teeth only and cut injury of upper lip.

(3.) Soon after the accident and the issuance of Medico Legal Certificate, a reference was made by the S.D.O., Irrigation and Public Health Department to the Commissioner under Workmen's Compensation Act (hereinafter referred to as Act). Respondent Suresh Kumar Gupta was the Commissioner under the Act. Matter remained pending with the said Commissioner under the Act for quite some time, on account of Respondent's (Rameshwar Dass) failure to produce the disability certificate. He produced copy of a disability certificate on 28.06.1993, showing that he had sustained 65% permanent disability in respect of right upper limb (right arm). On the basis of this certificate, Respondent Suresh Kumar Gupta awarded a sum of 70,054/- by way of compensation.