STATE OF HIMACHAL PRADESH Vs. PREM CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment, dated 5.4.2005, of learned Special Judge (Forests), Shimla, whereby Respondents Prem Chand Thakur and others, hereinafter called accused, have been acquitted of offences, under Section 13(2) of the Prevention of Corruption Act, 1988, Sections 4, 5 and 6 of Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 and 4, 5 and 6, with which they were charged.

(2.) ACCUSATION , which led to the trial of the Respondents -accused, may be stated. Nathpa Jhakri Power Corporation, a public undertaking, was allotted a site by the side of Satluj River in Rampur Sub Division of Shimla District, for setting up a Hydro Power Project. In connection with the said project, the Corporation wanted to execute various civil works, which it thought of executing, by engaging various contractors. One such work was cutting of earth work below Store Complex at Jhakri. This work was assigned to Respondents Partap Singh and Parkash Chand, who were contractors. Respondent J.S. Parihar was Executive Engineer, working with the said Corporation. He was assisted by Respondents Prem Chand Thakur, Junior Engineer, Mohan Singh, Head Draughtsman and deceased Man Mohan Sharma, AEE.

(3.) MATTER came to be reported to the Enforcement Department of the State. Case was formally registered against the Respondents -accused, vide FIR Ext. PA/1. During the course of investigation, a team of some officers from H.P. State Electricity Board, comprising, inter alia, of PW -3 K.R. Verma, Dy. Chief Accounts Officer and PW -4 N.C. Sharma, Assistant Engineer, was constituted. The team visited the spot and found that no work had been executed. On the basis of this report, the Enforcement Department felt that it was a case of criminal conspiracy among the accused and in furtherance of that conspiracy, offence of criminal misconduct was committed by those of the Respondents -accused, who were servants of Nathpa Jhakri Power Corporation and the records were forged and falsified and offences, under Himachal Pradesh Prevention of Specific Corrupt Practices Act, were committed.