MOHINDER KUMAR SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) IN this appeal filed under Section 374 Cr.P.C., convict Mohinder Kumar Sharma has assailed the judgment dated 17.08.2011/18.08.2011, passed by Special Judge, (Additional Sessions Judge), Mandi, H.P., in C.C. No. 2 of 2007, titled as State Versus Mohinder Kumar Sharma, whereby he stands convicted for having committed an offence punishable under the provisions of Section 13(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as the P.C. Act) and sentenced to undergo simple imprisonment for a period of two years and to pay fine of Rs. 50,000/ - and in default thereof, further undergo simple imprisonment for a period of six months. Also he is convicted of having committed an offence punishable under the provisions of Section 409 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of two years and pay fine of Rs. 10,000/ - and in default thereof, further undergo simple imprisonment for a period of two months.

(2.) IN brief, it is the case of prosecution that during the tenure of his posting as Naib Tehsildar in Sub -Tehsil, Kotli, appellant was entrusted with public funds meant for the construction of Panchayat Ghars. Though entire money drawn by him but not fully utilized. In all he misappropriated Rs. 65,000/ -, thus causing loss to the State. On receipt of a complaint, inquiry was conducted by the Sub Divisional Magistrate, who submitted his report (Ex. P.W. 6/B), which was forwarded by the Deputy Commissioner, Mandi, to the Superintendent of Police (Vigilance), on the basis of which FIR No. 2/05, dated 02.02.2005 (Ex. P.W. 19/A) was registered, under the provisions of Sections 13(1)(c), 13(2) of the Act and Sections 409, 467, 468 and 471 IPC at Police Station, AC Zone, Mandi, against the accused. Investigation was conducted by Gian Singh (P.W. 22) who seized the incriminating documents. With the completion of investigation, which revealed complicity of the accused to the alleged crime, challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as twenty eight witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took the following defence: -