PRATAP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these appeals, both these appeals were taken up together for hearing. However, in order to maintain clarity, the facts in each appeal are being taken into consideration separately.

(2.) THESE appeals are directed against the judgment dated 23.1.2012, rendered by the learned Special Judge (Forests), Shimla, H.P. in Corruption Case No. 11 -S/7 of 2008 and also judgment dated 28.3.2012 in Corruption Case No. 12 -S/7 of 2008.

(3.) THE case of the prosecution, in a nut shell, is that the accused while functioning as Naib Tehsildar, Dodra Kawar, during the year 2000 -01 held various additional charges of the offices, including Sub Treasury Office of Dodra Kawar, Block primary Education Office, Principal of Govt. Senior School, Kawar, Headmaster, Govt. High School Dodra and Jaskoon and Headmaster of Govt. Middle School Jakha and was entrusted with cash amounting to Rs. 92,936/ - in respect of bills No. 17, 28, 73, 84, 95, 97, 98 and 100 concerning purchase of stationary and other articles and transportation thereof in respect of Block Primary Schools. The Vigilance Department received complaint and an inquiry was initiated. Thereafter, Inspector, Narata Ram conducted the enquiry. He gave the report that the accused while functioning as Naib Tehsildar and exercising powers of DDO in respect of Education Department, committed criminal breach of trust and embezzled Rs. 92,936/ - (2000 -01) and also forged documents and used them as genuine and made false entries of accounts. The entries of payments were made on the same date but there was no voucher supporting the same. The entries were false and accounts were defalcated. An amount of Rs. 27,000/ - was stated to be drawn for purchase of fuel wood, however, no such supply was ever made and amount was misappropriated. The investigation was completed and the challan was put up after completing all the codal formalities.