STATE OF H P Vs. DHARAM SINGH

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 19.11.2003, of learned Special Judge (Forests), Shimla, whereby respondents, who all are public servants, have been acquitted of charge, under Sections 409, 420, 467, 468, 471, 420 IPC and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) PROSECUTION case, which led to the trial of the respondents, is that in the year 1994-95, when respondent No.1 Dharam Singh was working as Pardhan of Gram Panchayt, Chanog, respondent No.2 Tarun Nehru as Secretary of that Panchayat and respondent No.3 Suresh Kumar as Junior Engineer in Block Development Office, Mashobra, money was withdrawn for executing four items of works, for different villages, failing in the area of Gram Panchayat, Chanog, by respondent No.1 Dharam Singh, but only very small amounts of money had been spent on those works and the rest of the money remained unaccounted.

(3.) MATTER came to light, when a complaint was lodged by the residents of the village to the Director Panchayati Raj and the latter deputed PW-18 Bal Krishan, a Joint Director, to enquire into the matter. The said Joint Director submitted his report Ext. PW5/A, per which none of the aforesaid works had been executed. On the basis of that report, complaint Ext. PW5/B was lodged by PW-5 Jai Lal Kanan, District Panchayat Officer and a case was formally registered, vide FIR Ext. PW9/A.