STATE OF HIMACHAL PRADESH Vs. J S PARIHAR

JUDGEMENT

(1.) STATE has filed this appeal against the judgment dated 02.07.2004, rendered by the learned Special Judge (Forest) in Corruption Case No. 14-S/7 of 2003/96, whereby respondents J.S. Parihar, Prem Chand Thakur and Mohan Singh, who were charged with and tried for offences, under Sections 420, 467, 468, 471, 218, 120-B of the Indian Penal Code, Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 and Sections 4, 5 & 6 of the H.P.P. S.C.P. Act, 1983 have been acquitted.

(2.) CASE of the prosecution, in a nut-shell, is that respondent No. 1 J.S. Parihar, working as Executive Engineer, respondent No. 2 Prem Chand Thakur, working as Junior Engineer and respondent No. 3 Mohan Singh, Head Draftsman, allotted the work for `59125/-, which was in excess of 59.37% above the estimated cost of `37,100/- for the construction of additional water supply scheme from Gasoh to Jhakri by earth work cutting for changing the course of Daj Khud. During the course of investigation of case F.I.R. No. 25/90, the Investigating Officer noticed certain irregularities and accordingly, he referred the matter to the superior officer. The H.P. State Electricity Board, on the basis of the request made by the Police, has constituted a committee to visit the spot and inspect all the works carried out in Jhakri Division. A copy of the report is Ex. PW-1/4. According to the conclusion drawn by the committee, inadequate work was carried out and the officials have made the wrong entry in the Measurement Book and the excess payment was released to the Contractor. The ruka Ex. PW-1/5 was prepared and the same was sent to the S.P. Enforcement South Zone, Shimla, on the basis of which, F.I.R. Ex. PW-1/6 was registered.

(3.) PROSECUTION examined fourteen witnesses to prove its case. Respondents were also examined under Section 313 of the Code of Criminal Procedure. They have denied the charges. Learned Special Judge (Forest), Shimla acquitted the respondents on 02.07.2004.