STATE OF HIMACHAL PRADESH Vs. RAM KRISHAN

JUDGEMENT

(1.) State has appealed against the judgment dated 08.12.2010 of learned Special Judge, Chamba Division, Chamba, passed in Corruption Case No. 2 of 2010, titled State of H.P. versus Ramesh Chaudhary & Anr., challenging the acquittal of respondent Ram Krishan (hereinafter referred to as the accused), who along with deceased Ramesh Chaudhary stand charged for having committed offences, punishable under the provisions of Sections 420, 467, 468, 471, 120B IPC and Section 13(2) of the Prevention of Corruption Act.

(2.) As per the prosecution, an FIR No.3 of 2003 dated 06.01.2003 (Ex.PW. 12/A) under the provisions of Sections 420, 467, 468, 471, 120B IPC and Section 13(2) of the Prevention of Corruption Act, was registered at Police Station SV and ACB Chamba, H.P., against accused Ramesh Chaudhary and Ram Krishan. Deceased Ramesh Chaudhary, who was appointed as Naib Tehsildar (Sales)-cum-Managing Officer, Kangra (land claims) sold land comprising Khata Khatauni No. 42/45 min Khasra Nos. 30 and 178, measuring 7 bighas 2 biswas situated in Mohal Hatli, Tehsil Chowari District Chamba, to Ram Krishan. Sale certificate (Ex.PW.2/A) was issued on the basis of which mutation No.134 dated 10.06.1996 (Ex.PW.10/A) was attested in favour of Ram Krishan. This was so done illegally without any authority or sanction.

(3.) Having heard learned counsel for the parties and examined the record, we are of the considered view that no case for interference is made out in the present appeal. It cannot be said that the judgment rendered by the Court below is either illegal or erroneous. Evidence has been examined in totality and correctly appreciated.