STATE OF HIMACHAL PRADESH Vs. VIPIN KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 8th December, 2010, of learned Special Judge, Chamba, whereby respondent Vipin Kumar, who having been charged and tried alongwith deceased Ramesh Chaudhary, for offences, under Sections 409, 420, 467, 468, 471, 120 -B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, has been acquitted of the said charge.

(2.) A case was registered, vide FIR Ex. PW -14/A, against the present respondent Vipin Kumar as also deceased Ramesh Chaudhary, Naib Tehsildar -cum - Manager, Evacuee Property, on the basis of a report received from Superintendent of Police, Vigilance, Dharamshala. As per FIR, evacuee property, measuring 21 bighas 10 biswas, with approximate value of Rs.60,000/ - , had been sold just for Rs.15,000/ - , by deceased Ramesh Chaudhary to respondent Vipin Kumar. So, the Superintendent of Police, Vigilance desired registration of a case against deceased Ramesh Chaudhary, Naib Tehsildar.

(3.) DURING the course of investigation the case, present respondent Vipin Kumar had also been found to be involved in the commission of the crime. Investigation revealed that deceased Ramesh Chaudhary, Naib Tehsildar -cum -Manager, had not deposited the sale amount of Rs.15,000/ - in the Government treasury, though he had issued sale certificate Ex. PW -2/D in favour of respondent Vipin Kumar. It was also found that there was no entry, regarding the deposit/payment of the amount of Rs.15,000/ - by respondent Vipin Kumar, in the treasury record.