STATE OF HIMACHAL PRADESH Vs. BHIM SINGH

JUDGEMENT

(1.) IN this appeal, State has sought reversal of judgment dated 25th September, 2002 of learned Special Judge, Solan, whereby Respondent Bhim Singh, who was charged with and tried for offences, under Sections 467, 468, 465, 471, 409 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988, has been acquitted.

(2.) PROSECUTION case, which led to the trial of the Respondent, may be stated. Respondent was working as Senior Assistant (Accounts) in the Office of Himachal Emporium, The Mall, Solan, during the years 1995 and 1996. Amongst others, his duty was to clear travelling allowance bills of the staff and to disburse the money to the individual claimant staff members. PW -1 Uma Shankar, a Weaving Master, working in the establishment, the Respondent was employed in, submitted TA claim, amounting to Rs. 3,904/ -. TA Claim papers are Ex. PA to Ex. PE.

(3.) MATTER was reported to the Manager concerned, who, in turn, made a report to the Managing Director, H.P. State Handicrafts & Handloom Corporation Ltd. The latter directed the former to conduct inquiry. Inquiry was conducted, during the course of which statements of Uma Shankar, Ex. PH and that of the Respondent, Ex. PJ, were recorded. Uma Shankar denied having received the payment and having signed voucher Ex. PQ. Respondent stated that voucher Ex.PQ, signed by the claimant, was presented to him and thereafter he filled -in the name and other particulars of the claimant, i.e. PW -1 Uma Shankar, and made the payment, but did not remember the name of the employee to whom payment had been made. Report was submitted to the Managing Director by the Manager that Uma Shankar had denied having received the payment or having signed voucher Ex.PQ.