STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 17th December, 2002, of learned Special Judge, Bilaspur, by which Respondent Ashok Kumar, who was tried for offences, under Sections 409, 420, 468 & 471 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988, has been acquitted.

(2.) CASE of the prosecution is that in the year 1991 -92, Respondent Ashok Kumar was holding the Office of Pradhan of Gram Panchayat Kuthera. On 10th March, 1992, he withdrew a sum of Rs. 9,650/ - from H.P. State Co -operative Bank, Ghumarwin. Again, on 26th March, 1992, he withdrew Rs. 15,000/ - from the said Bank. Thus, he had a sum of Rs. 24,650/ - with him. For a month or so, he did not account for any portion of the aforesaid amount of money. Thereafter, he prepared bogus record, indicating that a sum of Rs. 14,934/ - had been spent on payment of labour charges to various persons, who had been engaged, in connection with different Panchayat works. Bogus Muster Rolls Ex. PA, Ex.PB, Ex. PU and Ex. PV were prepared. Sixteen names in those Muster Rolls, were either fictitious or the persons with those names had not been engaged nor had they been paid any wages.

(3.) SPECIMEN signatures and writings of the Respondent and other persons, by whom the Muster Rolls purport to be verified, i.e. PW -1 Bhangu, PW -2 Damodari Devi and PW -10 Rakesh Kumar, Secretary of Gram Panchayat, were also taken. Those specimen writings and signatures were sent to the Handwriting Expert for comparison with their purported signatures and writings on the Muster Rolls, aforesaid.