STATE OF HIMACHAL PRADESH Vs. ATTAR SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 17.09.2010 of learned Special Judge, Chamba, whereby Respondents Attar Singh and Tarsem Lal Chandla, both of whom were working as Junior Engineers in Pangi area of Chamba District, during the years 1993 -1994, have been acquitted of charge, under Sections 409, 420, 120B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act.

(2.) RESPONDENT Attar Singh took over the charge of Junior Engineer, Stores at Pangi, sometime in the year 1993. The other Respondent, Tarsem Lal Chandla, was Field Junior Engineer in Pangi during those days. He was assigned various works, including construction of a school building for which stores used to be issued from the store, of which Attar Singh was posted as In charge in 1993. An indent Ex. PW -3/A was prepared by Respondent Tarsem Lal Chandla and submitted to Respondent Attar Singh for supply of 50 bags of cement in connection with the construction of the aforesaid school building. Stock in the store, under the charge of Respondent Attar Singh used to be maintained on bin cards. Bin Card Ex. PW -3/B pertains to cement. An entry was made in this bin card with regard to indent Ex. PW -3/A and 50 bags of cement were shown to have been issued against the said indent. On the indent Ex. PW -3/A, Tarsem Lal Chandla, put his signature Q -1, in token of his having received the consignment of 50 bags of cement. However, there was no corresponding entry in the register, maintained by Respondent Tarsem Lal Chandla, regarding receipt of the aforesaid consignment of 50 bags of cement.

(3.) DURING the course of investigation, aforesaid indent Ex. PW -3/A and bin card Ex. PW -3/B were taken into possession. Standard writings and signatures of the two Respondents were collected. Specimen signatures and writings of Respondent Attar Singh are S -26 to S -43 on Ex. PW -13/A -20 to Ex. PW -13/A -31, while his admitted writings and signatures are A -7 to A -13 on Ex. PW -2/A and Ex. PW -2/B. Specimen signatures and writings of Respondent Tarsem Lal Chandla are marked S -1 to S -19 on Ex. PW -13/A -1 to Ex. PW -13/A -19 and his admitted signatures and writings are A -1 to A -6 on Ex. PW2/C and Ex. PW -2/D.