STATE OF HIMACHAL PRADESH Vs. DAULAT RAM KASHYAP

JUDGEMENT

(1.) STATE has filed this appeal against the judgment dated 02.08.2004, rendered by the learned Special Judge (Forests), Shimla in Corruption Case No. 85-S/7 of 2003/93, whereby respondents Daulat Ram Kashyap, J.S. Parihar, Mohan Singh, Partap Singh and Devi Singh, who were charged with and tried for offences, under Sections 420, 465, 467, 468, 471, 218 and 120-B of the Indian Penal Code, Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 4, 5 & 6 of the H.P. Prevention of Corrupt Practices Act, 1983, have been acquitted.

(2.) CASE of the prosecution, in a nut-shell, is that respondent J.S. Parihar, while working as Executive Engineer, Daulat Ram Kashyap as Junior Engineer and Mohan Singh, Head Draughtsman, allotted the work for construction of wire crate for `97586/- which was 61.10% higher than the estimated cost of `61422/-. The crate work was to be executed between RD-400 to RD-450. During investigation of case F.I.R. No. 25/90, PW-1 Rama Nand detected certain irregularities in the execution of the work. He requested the authorities to get the matter investigated thoroughly by appointing a technical committee by the H.P. State Electricity Board. Consequently, the technical committee was constituted as per letters Ex. PW-3/A and Ex. PW-3/B. The technical committee submitted the report Ex. PW-1/A to the police. Thereafter, a ruka was sent by PW-1 Rama Nand vide Ex. PW-1/C for registration of case. In sequel thereto, F.I.R. Ex. PW-1/D was registered. The matter was investigated thoroughly by the police. Thereafter, after completing all the necessary formalities, challan was put up against the respondents.

(3.) LEARNED trial Court, on the appraisal of site plan Ex. PW-2/A, technical report Ex. PW-1/A and after taking into consideration the statements of PW-2 V.L. Gupta, PW-3 G.P. Saroch and PW-21 K.R. Verma, acquitted the respondents. Hence, this appeal.