STATE OF H.P. Vs. RAMESH CHAND

JUDGEMENT

(1.) The present appeals are directed against the Judgment dtd. 17/11/2008 passed by learned Sessions Judge, Hamirpur (learned Appellate Court) vide which the appeals filed by the respondents (accused before learned Trial Court) were allowed and they were acquitted of the charges framed against them. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeals are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sec. 406, 420, 411, 120-B of IPC. It was asserted that Inspector SHO Rajesh Kumar (PW23) had gone on patrolling duty with Constable Chaman Lal, Constable Vinod Kumar, Head Constable Sunil Dutt, HHC Julfi Ram, HHG-Babu Ram in a vehicle bearing registration No. HP-22-0100 being driven by HHC Duni Chand. Entry No.5 (Ex.PW23/A) was recorded in the Police Station regarding their departure. The police party was present at Dabrera at 02:40 pm when a secret information was received that Jagan Nath had stacked government cement in his cowshed. The information was credible and any delay in obtaining the search warrant could have led to the destruction of the case property; hence, a rukka (Ext.PW23/B) was sent to the Police Station through Constable-Vinod Kumar where FIR (Ex.PW23/C) was registered. Witnesses Suresh Kumar (PW16A) and Lachman Dass were associated with the investigation. The police reached the cowshed of Jagan Nath and searched it in the presence of the Police Officials and the independent witnesses. 18 cement bags were found in the cowshed. These were seized vide memo (Ex.PW23/D). A site plan (Ex.PW23/E) showing the place of recovery was prepared. The police also recovered 30 cement bags from the house of Sarv Dayal which were seized vide memo (Ex.PW1/C). 10 cement bags were recovered from the cowshed of Ramesh Chand which were seized vide memo (Ex.PW1/B). 40 cement bags were found in the house of Dharam Chand which were seized vide memo (Ex.PW1/A). The site plans of the recovery (Ex.PW23/F to Ex.PW23/H) were prepared. Tilak Raj (J.E.) produced the record, which was seized vide memo (Ex.PW4/A). The police also seized the truck bearing registration No. HIH-792 and the receipt (Ex.PW2/B) vide memo (Ex.PW2/A). The photocopy of the measurement book (Ex.PW22/E) and the store indent (Ex.PW14/A) were seized vide memo (Ex.PW16/E). The police searched the store located at Bhalwani and found 98 cement bags in it. Police seized them vide memo (Ex.PW3/A) and handed them over to Pardhan-Sunita (PW4) on Saturday. Subsequently, they were handed over to Ramesh Garg, SDO, PWD after retaining the sample. The vehicle bearing registration No. HP-22-5242 was seized along with the documents vide memo (Ex.PW18/A). The vehicle bearing registration No. HP-22-1783 was seized along with the documents vide memo (Ex.PW18/B). The agreement of the vehicle was seized vide memo (Ex.PW17/A). The scooter bearing registration No. HP-22-3350 was seized along with the documents and the key vide memo (Ex.PW22/D). Vehicle bearing registration No. HP-22-2934 was seized vide memo (Ex.PW19/A). The photographs (Ex.PW22/1 to Ex.PW22/6 whose negatives are Ex.PW22/7 to Ex.PW22/12) of the spot where Ashok Kumar Contractor was executing the work were taken. The police found after investigation that Ashok Kumar Contractor was handed over the construction work of the retaining wall. 180 cement bags were issued to him for carrying out the construction. These were transported in the vehicle bearing registration No.HIH-792. However, he misappropriated some of the bags in connivance with the other co-accused. Hence, the police prepared the challan and presented it before the Court.

(3.) The learned Trial Court found sufficient reasons to frame the charges against the accused for the commission of offences punishable under Ss. 411, 406, 420 and 120-B of Indian Penal Code (IPC). The accused pleaded not guilty and claimed to be tried.