STATE OF H P Vs. DEV PRAKASH

JUDGEMENT

(1.) Respondents were challenged and tried for having committed offences under S. 381 read with S. 34 of the Indian Penal Code. Dev Prakash respondent No. 1 is working as helper in the District Treasury Office, Shimla. Both the respondents in furtherance of their common intention committed theft of stamp papers/articles kept in the strong room under double lock of the District Treasury Office, Shimla.

(2.) As per prosecution case, P.W. 11 Devinder Kumar Gupta while working as District Treasury Officer, Shimla on 14-7-1993 found that 30 stamp papers of the value of Rs. 500.00 each were missing. Total value of these stamp papers was Rs. 15,000.00. Verification was done by him when he rejoined his duty after having availed earned leave. It was during the course of yearly physical verification that not only the aforesaid stamps were found missing, but articles entered at item Nos. 1/3 and 3/34, respectively were also found missing. There is evidence on record to suggest that both the stamps as well as articles continued to be shown in the custody of the District Treasury Office. In addition to this, P.W. 4 Gajinder Kumar who works as stamp vendor in District Court Complex, Shimla also informed the complainant P.W. 11 Devinder Kumar Gupta that respondent No. 1 had come to sell stamp papers of the value of Rs. 500.00 each numbering 30. Getting suspicious, said Gajinder Kumar brought this fact to the notice of P.W. 11.

(3.) Prosecution further alleges that the complainant probably thought that those stamp papers have been inadvertently sent to Sub-Treasury Offices at Theog, Chopal, Rohroo, Rampur, Bushehar and Jubbal. So, communications were addressed to these Sub-Treasury Offices. In response, all these Sub-Treasury Offices informed that they have not been received stamps in question. Father of Dev Prakash respondent No. 1 Jagat Ram is also working in Treasury Office in District Kinnaur. He was also contacted when he had come on Janamashtami on leave. Jagat Ram was contacted by P.W. 11 and was informed of the entire episode. It was Jagat Ram father of respondent No. 1 who traced and located the stamp papers and handed over those to the complainant P.W. 11. These stamp papers were handed over at the residence of P.W. 11 on 8-8-1993.