STATE OF HIMACHAL PRADESH Vs. DIWAN CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20.7.2006 passed by the Special Judge, Chamba in Corruption Case No. 1 of 2001, whereby the respondents, who were charged with and tried for offences, under sections 409, 420, 467, 468 of the Indian Penal Code and 13 (2) of the Prevention of Corruption Act, were acquitted.

(2.) CASE of the prosecution, in a nutshell, is that respondent No.1 Diwan Chand posted as Forest Guard, respondent No.2 Janam Singh posted as Block Officer and respondent No.3 Birbal Singh Yadav posted as Range Officer, Forest Division Killar (Pangi), District Chamba were entrusted with fuel wood weighing 9856 quintals. They sold 7981.99 quintals against which a sum of Rs. 10,16,949.99 was collected by them towards sale proceeds. A sum of Rs. 7,080/- was recoverable from weaving centre Killar. The respondents deposited a sum of Rs. 8,14,591.50 with H.P. State Forest Corporation. According to prosecution, respondents misappropriated a sum of 1,95,278.49. CASE was investigated by the police and the challan was put up after completing all the codal formalities. The respondents were charged with for offences, under sections 409, 420, 467, 468 of the Indian Penal Code and 13 (2) of the Prevention of Corruption Act.

(3.) MR. Ramesh Thakur, learned Assistant Advocate General has strenuously argued that the prosecution has proved its case. According to him, the Special Judge has failed to appreciate the evidence brought on record by the prosecution in its right perspective.