STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR SONDHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.7.2011 passed by learned Special Judge, Kangra at Dharamshala, H.P., in Corruption Case No. 3-D/2008, whereby the respondents, who were charged with and tried for offences punishable under Sections 120-B, 409, 420, 467, 468, 471 IPC, Section 6 of the H.P. Prevention of Specific Corrupt Practices Act, 1983 and under Sections 7, 13 (2) of Prevention of Corruption Act, 1988 were acquitted.

(2.) The case of the prosecution, in a nutshell, is that the accused Ashok Kumar Sondhi was appointed as Junior Engineer in BDO Office Rait. He was entrusted the work of construction of rain shelter near Guna Mata Temple. A sum of Rs.78250/- was sanctioned by the Tourism Department. The accused allegedly carried out work assessed at Rs.12,279/- and misappropriated a sum of Rs.49,661/-. It was also alleged that the accused Ashok Kumar Sondhi entrusted fiber glass sheets, angle irons and channels worth Rs.36,400/- to accused Narinder Singh, who was the Pradhan of the Panchayat. However, these were not produced by the accused Narinder Singh and were subsequently impounded from the BDO Office compound at Rait. PW-1, Naveen Kumar Sharma, who was posted as B.D.O. Rait Block in the year 2002, had received a letter from Deputy Commissioner, Kangra regarding construction of rain shelter in Gram Panchayat Kareri. He handed over the case to Enforcement Wing of Police. PW-17, Baldev Ram, Inspector, Police Station SV & ACB, Dharamshala after receiving the complaint, conducted the inquiry and he finally submitted report, Ext.PW-17/A. During inquiry, he had taken into possession two samples on the spot on 28.5.2003 in the presence of Junior Engineer - one sample below the plinth and another above the plinth in the presence of Up Pradhan and Kishori Lal.

(3.) Thereafter, FIR Ext.PW-17/D was registered. PW-1 Naveen constituted a committee consisting of P.L. Thakur, Addl. J.E., Trilok Dhiman and Ashok Tiwari, J.E. to make assessment of the work carried out at the spot as per letter, Ext.PW-1/A and the committee prepared the report Ext. PW-1/B. The Investigating Officer seized the record of Muster roll, MB's, MAS register etc. from PW-4 Ajay Kumar SDO. PW-7 Bir Singh, Senior Assistant, BDO Office produced photo copy of the letter dated 12.1.1998 Ext.PW-7/A-1 with respect to work at Gunna Mata Temple, attested copy of original and cash book of DRDA. It was alleged that Kabir Pal Rana, PW-8, Assistant Engineer, RDD Zonal Office, Dharamshala, in the year 2007, on the asking of Vigilance Dharamshala gave technical opinion Ext.PW-8/A after examining estimate, drawing and detail of measurement of the spot. There was variance with the original drawing and work executed at the spot. It was further alleged that Ashok Kumar Tiwari, JE had taken the charge from accused Ashok Kumar Sondhi and at the time of handing over the charge, unused material along with MAS register and MBs was handed over. Ashok Tiwari was told by the accused Ashok Kumar Sondhi that fiber glass, channels, angle had been given to the accused Narinder Kumar Pradhan. Specimen thumb impression of both the hands of Fojju Ram were taken before the Executive Magistrate, R.D. Harnot, PW-5. Specimen signatures of accused Narinder Kumar and Ashok Kumar Sondhi were also taken before the Executive Magistrate. The Investigating Officer, Oma Pati Jamwal, PW-33, found that Ashok Kumar Sondhi had spent around Rs.61940/- on the construction of rain shelter, whereas on assessment total work was found to be around Rs.12,000/-. The Investigating Officer also recorded statements of the witnesses under Section 161 Cr.P.C.