STATE OF HIMACHAL PRADESH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 14.7.2006 of learned Special Judge, Hamirpur, whereby Respondents Rajinder Kumar, Patwari, and Rattan Chand, Kanungo, who were tried for offences, under Sections 420, 466, 468 read with Section 120 -B IPC and Section 13(2) of Prevention of Corruption Act, 1988, have been acquitted.

(2.) CASE of the prosecution, which led to the trial of the Respondents, may be noticed. Respondents Rajinder Kumar and Rattan Chand were posted as Patwari and Kanungo, respectively, in Patwar Circle, Shiv Nagar, Hamirpur, during the year 1993 -94, when Jamabandi of that Patwar Circle was revised. With respect to Khasra Nos. 310 and 312 entries in the previous Jamabandi showed that though Niranjan Dass, father, and Ram Chand, father 's brother of Respondent Rajinder Kumar, were the owners and one Bihari Lal was a mortgagee with possession, under them and the names of Kishor Chand, Dharam Chand, Amar Chand and Prem Chand, four brothers, were recorded in the column pertaining to possession, but in the revised Jamabandi for the year 1993 -94, names of the aforesaid four brothers were omitted and entry was made that possession was with the owners, namely Niranjan Dass and Ram Chand, father and father 'sbrother, respectively, of Respondent Rajinder Kumar. Revised Jamabandi was written by Respondent Rajinder Kumar and it was verified by Respondent Rattan Chand, who was Kanungo. They were alleged to have made the change unauthorizedly, without there being any corresponding entry in the Khasra Girdawari or mutation register or there being any order of superior revenue officer for such change and this they allegedly did as a part of criminal conspiracy to cause wrongful gain to Niranjan Dass and Ram Chand, father and father 'sbrother respectively, of Respondent Rajinder Kumar and to cause wrongful loss to aforesaid Kishore Chand etc.

(3.) REPORT , under Section 173 Code of Criminal Procedure was filed, alongwith relevant papers, in the Court of Special Judge, who charged the Respondents with the offences, under Section 13(2) of Prevention of Corruption Act, 1988, and Sections 466, 468, 420 and 120 -B IPC and on their pleading not guilty, proceeded to try them for the aforesaid offences.