STATE OF H P Vs. SANTOKH SINGH

JUDGEMENT

(1.) The State challenges the acquittal of the respondent, who was charge-sheeted along with late Ramesh Chaudhary for the offences under Sections 465, 467, 471, 120-B of the Indian Penal Code (hereinafter "IPC") and Section 13(2) of the Prevention of Corruption Act.

(2.) Before we advert to the facts, we note that there were two accused late Ramesh Chaudhary and respondent herein. Ramesh Chaudhary died during the trial and the 2nd respondent was acquitted by the learned trial Court holding that there was no evidence on record to show that he had connived/knowledge about the fact that the property was evacuee property and could not be sold/transferred by the State.

(3.) Learned trial Court notices the fact that deceased Ramesh Chaudhary was working as Naib Tehsildar (Sales)- cum- Managing Officer (Land Claims) and sold the land measuring 0-39-01 hectares situated in Mohal Bakrota, Tehsil Dalhousie, District Chamba, to the respondent herein for a consideration of Rs. 30,000/-, for which sale certificate Ext. PW3/A was issued and mutation No. 219 dated 30.5.1998 was attested. The learned trial Court considering the entirety of the evidence holds that there was no evidence to suggest that the respondent Santokh Singh had knowledge that Ramesh Chaudhary was not authorized to conduct the sale of the property and that he had purportedly charged lesser amount as consideration for the sale of the land and this sale consideration was not deposited in the Government Treasury.