RAMESH DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) THE above titled three appeals are being disposed of by a common judgment, because all of them assail the same judgment, i.e. judgment dated September, 2004, of learned Sessions Judge, Chamba, by which the appellants have been convicted of offences, under Sections 409, 420, 467, 468, 120 -B of the Indian Penal Code, and Section 13(2) of the Prevention of Corruption Act, 1988, and each one of them has been sentenced as follows:

(2.) APPELLANT Ramesh Dutt was employed as Licencing Clerk in the Office of SDM. Appellant Punnu Ram was Pradhan of Panchayat Gagla. In September 1988, due to heavy rains, houses of some of the persons, residing within the Patwar Circle of Patwari Jai Ram (now dead), were damaged. Government decided to provide relief to the persons, whose houses had been damaged. Patwari Jai Ram (now dead), being the Incharge of the area as Revenue Official at the lowest level, was required to assess the damage and to submit reports. He submitted report of assessment of damage, in respect of nine persons and on his recommendation those persons were granted relief. Names of those persons and the amount of relief recommended in their favour are as follows: Sr. No. Name of the person Amount sanctioned 1. PW -1 Dalo Rs.4,000.00 2. PW -2 Lakhu Rs.4,000.00 3. PW -3 Hira Rs.4,000.00 4. PW -4 Bhagat Ram Rs.4,000.00 5. PW -17 Hardyal Rs.2,000.00 6. PW -18 Chand Rs.2,000.00 7. Rasila Rs.2,000.00 8. Waziru Rs.4,500.00 9. Chanchlo Rs.3,500.00 Aforesaid amounts of relief were sanctioned by the SDO (C)/SDM and shown to have been disbursed to the said persons in Register Ex. P -1, by appellant Faquir Chand, who was the Cashier. Some of those persons, to whom money, representing the relief, was disbursed, were identified by the Patwari of the area, namely Jai Ram (now dead), some by appellant Punnu Ram and some by appellant Ramesh Dutt and it was on such identification that appellant Faquir Chand disbursed the money to the identified persons, in the presence of the then SDM Shri R.N. Batta (PW -6). A complaint (Ex. PW -1/A) was made by PW -1 Dalo to Superintendent of Police, Anti -Corruption, alleging that he had not been paid any amount of relief, on account of damage to his house and that the money had been disbursed to some other person. Matter was inquired into.

(3.) APPELLANT Faquir Chand took the plea that he had disbursed the money, in the presence of the SDM, on the identification of the alleged sufferers and he had no criminal intention nor did he misappropriate any part of the money. Appellant Ramesh Dutt took the plea that he only identified four of the persons, namely PW -1 Dalo, PW -2 Lakhu, deceased Chanchlo and deceased Waziru, but no payment was disbursed to them in his presence. Appellant Punnu Ram denied having identified any person. Trial Court concluded that all the three appellants and deceased Jai Ram had conspired to deprive the above -named nine persons of the money sanctioned as relief in their favour and to misappropriate that money and pursuant to that conspiracy they prepared bogus record of disbursement of money. Consequently, all the three appellants were convicted and sentenced, as aforesaid. Patwari Jai Ram was dead, by the time the trial commenced.