STATE OF H P Vs. SHER SINGH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment, rendered on 7.7.2011 by the learned Special Judge, Kullu, H.P., in Sessions trial No. 2 of 2003, whereby, the learned trial Court acquitted the accused/respondents of the offences for which they came to be charged and tried by it.

(2.) BRIEFLY stated the facts of the case are that on 22.11.995 Inspector Lal Singh along with C. Kushal Singh were on patrolling duty at Chhanikhor, District Kullu, H.P. A secret information was received that one Sudhir Malik, President of M/s Palvi Gram Udyog, Chhanikhor obtained ten biswas of land, situated in Village Chhanikhor from one Kehar Singh for a sum of Rs.6000/ - at the rate of Rs.10/ - per month for a period of fifty years. Inspector Lal Singh also came to know about the fact that Reader Rajinder Kumar also connived with accused Sudhir Malik and they prepared the forged documents and on the basis of those forged documents they were able to obtain loan of Rs.7 lacs from Khadi Gram Udyog, Shimla. Upon this FIR under Sections 420, 467, 468, 471 and 120 -B, IPC read with Section 13(2) of the Prevention of Corruption Act was registered at Police Station (Enforcement) North Zone at Dharamshala.

(3.) DURING the investigation the relevant record was taken into possession. The signatures were sent for comparison to Govt. Examiner of Questioned Documents. As per the prosecution, from the record it transpired that Sudhir Malik son of Shri Ilam Singh got registered a society under the name and style of M/s Palvi Gram Udyog Santha. The said society was registered with the Registrar of Societies at serial No.3035 in the year 1991 -92. It was also transpired during the investigation that two Himachalies were also found to be the members of the said society and their names were ascertained as Ram Lal and Punam but during the investigation their addresses were not ascertained. It is further the case of the prosecution that Sudhir Malik did not get registered the said society with Himachal Pradesh nor he obtained permission of the H.P. Government for obtaining the land on lease. The lease deed of ten biswas of land was registered by Sher Singh accused the then Naib Tehsildar, Kullu, whereas as per the law the said lease deed could not have been registered. The agriculturist certificate was not found attached with the lease deed nor any permission from H.P. Government was attached. The lease deed was registered without any Society Registration Certificate as Palvi Gram Udyog was registered out side Himachal Pradesh.