STATE OF HIMACHAL PRADESH Vs. BHAGAT RAM

JUDGEMENT

(1.) STATE has appealed against the judgment dated 1st July, 2009, of learned Special Judge, Solan, whereby Respondents Bhagat Ram, James Daniel and Satish Kumar, who were charged with and tried for offences, under Sections 120 -B, 409, 420, 201 of the India Penal Code and Section 13(2) of the Prevention of Corruption Act, have been acquitted.

(2.) PROSECUTION 'scase may be noticed. Respondent Bhagat Ram was working as Principal, while Respondents James Daniel and Satish Kumar as Superintendent and Senior Assistant, respectively, in Government Senior Secondary School, Patta Mehlog, in the years 1999 and 2000. There was a complaint that some store items purchased for the School were missing. Respondent Bhagat Ram, in his capacity as Principal of the School, constituted a committee of four Lecturers, namely PW -3 Shri Ramji Dass, PW -4 Shri Arvind Kumar, PW -5 Shri Hari Singh Verma and PW -6 Shri Nand Lal Kaundal, for conducting physical verification of the store iteMs. The Committee inspected the stock registers and also did physical verification of the store articles. It was found that two ceiling fans, two water filters and two daris were missing. In the meanwhile, matter came to the notice of the Enforcement Department of the State also. Inquiry was conducted and it was found that besides shortage of aforesaid three store articles, a sum of Rs.60, 000/ - received by the School, for purchase of certain items, under the Black Board Scheme, which was required to be spent within one year, had remained unspent.

(3.) DURING the course of investigation, physical verification of the stock was carried out in Patta Mehlog School and it was found that the aforesaid articles of store were short. Report, under Section 173 of the Code of Criminal Procedure, was filed against the Respondents, after obtaining sanction from their Appointing Authorities to prosecute them, under the Prevention of Corruption Act.