DEVI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Devi Singh (now dead) and Prem Dass, Appellants in Criminal Appeal No. 173 of 2005; Teju Ram, Appellant in Criminal Appeal No. 179 of 2005, have assailed the same judgment, i.e. judgment dated 1st April, 2005, of learned Special Judge, whereby they have been convicted of offences, under Sections 467, 468, 471, 420, 218 and 120-B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to undergo imprisonment of varying terms, for the aforesaid offences and also to pay fine.

(2.) A case was registered against the Appellants and one Kamla Nand (Tehsildar), on the basis of an inqury conducted into a complaint made by Tara Chand Sharma, Pradhan of Gram Panchayat Totu, to the Forest Minister, that Appellant Teju Ram had been allotted a portion of Government forest, with thick Deodar plantation, by the revenue officials, to cause wrongful gain to him. Complaint was marked to the Enforcement Department. Inquiry was conducted by an Inspector of Enforcement Department, on the direction of the Superintendent of Police, who submitted report Ex.PW-17/B. On the basis of this report, a case was registered, vide FIR No. 35 of 1994.

(3.) Investigation of the case revealed that Appellant Teju Ram submitted an application, in the name of his mother Kesu, for grant of five bighas land, under Nautor Rules, in the area of Chak Totu. The said application is Ex. PW-II/B. With this application, he submitted jamabandi as also Tatima (site plan of a portion of a big chunk of land, bearing Khasra No. 928/736/802). That Tatima is bx. PW-II/E. Appellant Devi Singh, in his capacity as Kanoongo, made report Ex. PW-II/G, that there stood no trees on the land, shown in Tatima Ex, PW-II/E. Appellant Prem Dass, in his capacity as Patwari initiated that report. Report of Kanoongo was submitted to Kamla Nand, who was a Tehsildar. He submitted the matter to the SDO (Civil). On the basis of report of field revenue staff, land was granted, under Nautor Rules, in the name of mother of Appellant Teju Ram.