STATE Vs. ISHWAR DASS

JUDGEMENT

(1.) The State of H. P. has filed this appeal against the Judgment dated 31-7-1995 passed by learned SpecialJudge, Hamirpur in Corruption Case No. 3 of 1989. By the impugned judgment and order, the learned Special Judge has acquitted the respondents for the offences under Ss. 204, 218, 409, 411. 467. 468, 471, 477, 120-B of the Indian Penal Code (for short I. P. C.) and S. 5(2) of the Prevention of Corruption Act, Sections 5, 6 and 10 of Prevention of Specific Corrupt Act, 1983.

(2.) The prosecution case was that Ishwar Dass respondent No. 1 herein was posted as Store Keeper in Irrigation and Public Health (I. P. H.) store at Didwin Tikker. Sub-Division Barsar in the year 1986, Karan Singh-Pathania-respondent No. 2 was posted as Junior Engineer in Chakmoh section of I. P. H. Sub-Division Barsar and PW-27 Rajinder Kumar, Junior Engineer was its incharge. Dev Raj-respondent No. 3 was the contractor and a cement dealer. In the year 1986 some project in 'Deot-Sidh' area was under construction. There was another I.P.H. store at 'Bihal' which was under Sub-Division Bhota, Kiran Singh Pathania-re-spondent was incharge of that store as well.

(3.) It was the admitted case of the parties that if any store item was required to be used within I. P. H. Division. The J. E. Incharge was competent to prepare the indent and send the same to the Executive Engineer Incharge after recommendation of the Assistant Engineer requiring those items and after the approval from the Executive Engineer, the Assistant Engineer used to issue the orders for taking out the store articles so required. Junior Engineer Incharge of the store was to supply the indented articles to the Junior Engineer of the scheme, where the articles were in fact required to be utilized. If the articles of minor amounts were involved and required urgently, the Assistant Engineer Incharge was competent to approve the indent on behalf of the Executive Engineer Incharge.