STATE OF H P Vs. DAULAT RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment, dated 15.9.2004, of learned Special Judge (Forests), Shimla, whereby respondents Daulat Ram and others, have been acquitted of offences, under Section 13(2) of the Prevention of Corruption Act, 1988, Sections 4, 5 and 6 of Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 and Sections 218, 420, 467, 468, 471 and 120-B IPC, with which they were charged.

(2.) ACCUSATION, which led to the trial of the respondents, may be stated. Respondent J.S. Parihar was working as Executive Engineer in Nathpa Jhakri Power Corporation (Division No.2), while respondents Man Mohan Sharma (now dead), Daulat Ram and Mohan Singh were working as Assistant Engineer, Junior Engineer and Head Draughtsman, respectively, under him. Various works were got executed by the Corporation in which the above named respondents were employed. That Corporation was known as Nathpa Jhakri Power Corporation. One of the works that was allegedly got executed by the aforesaid respondents was stabilization of hill slopes along RD 300-350 (Location No.2).

(3.) A report, with respect to the alleged bungling, was prepared and sent to Enforcement Department by the Investigating Officer of case FIR No.25/90. On the basis of that report which is Ext. PW4/A, case was formally registered, vide FIR Ext. PA/1. During the course of investigation, a Committee comprising of Senior Officers of H.P. State Electricity Board, including PW-12 V.P. Gupta, then working as Superintending Engineer, PW-2 Khushi Ram Verma, Dy. Chief Accounts Officer and PW-1 G.P. Saroch, Executive Engineer (Civil), visited the spot to find out whether any work had been executed on the spot. A team of Investigating Agency also accompanied them. According to the report, respondents J.S. Parihar and Daulat Ram were also with them, at the time of such inspection. On inspection, no work was found to have been executed on the spot. Report was prepared accordingly. Relevant portion of that report is Ext. PW2/C (para-24).