STATE OF HIMACHAL PRADESH Vs. FAQIR CHAND

JUDGEMENT

(1.) STATE has filed this appeal against the judgment dated 24.11.2000 passed by the Chief Judicial Magistrate, Sirmaur at Nahan in Cr. Case No. 3/2 of 2000/1999 whereby, respondent, who was charged with and tried for offence under sections 420, 465, 467, 468 and 471 of the Indian Penal Code, has been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that complainant AW -2 Jaswal Singh constructed his new house in the year 1998. He applied for the water connection to I.P.H. Department. He was told that he should first obtain ˜no objection certificate from the Municipal Committee. He applied to the Secretary, Municipal Committee, Nahan for no objection certificate. The application was taken by PW -4 Arvinder Singh to Municipal Committee, Nahan. Accused Faquir Chand, who was posted as Electrician in Municipal Committee, Nahan met him and asked for a sum of Rs. 150/ -, which according to him were required to be deposited in the Municipal Committee and thereafter ˜no objection certificate was to be issued. PW -4 paid a sum of Rs. 150/ - to the accused. Respondent managed to procure the ˜no objection certificate Ex.PW -3/A and handed over the same to PW -4 Arvinder Singh. However, subsequently it transpired that the ˜no objection certificate Ex.PW -3/A was forged document. Therefore, the Executive Officer, Municipal Corporation, Nahan reported to the matter to the police vide written complaint Ex.PW -8/A on the basis of which F.I.R. Ex.PW -8/B was registered at Police Station, Nahan. The police investigated the matter and the challan was put up in the Court after completing all the codal formalities.

(3.) MR . R.K. Sharma has strenuously argued that the prosecution has proved the case against the respondent. According to him, learned trial court has not correctly appreciated the oral as well as documentary evidence led by the prosecution.