STATE OF HIMACHAL PRADESH Vs. WAZIRA RAM

JUDGEMENT

(1.) This appeal is directed against the order of the learned Special Judge, Mandi, dt. May 10, 1978, whereby the respondent Wazira Ram (hereinafter referred to as 'the accused'), was acquitted of the offences in respect of which he was tried by him under S. 409 of the I.P.C. and S. 5(2) of the Prevention of Corruption Act (hereinafter referred to as 'the Act').

(2.) The accused was challaned before the Special Judge by the Anti-Corruption Unit, Mandi, under the aforesaid offences. The prosecution case was that the accused, in February 1973, was working as Tehsil Jamadar in Tehsil Chachiot, District Mandi. On Feb. 12, 1973 one Ganga Ram Lambardar, came to the Tehsil with an amount of Rs. 1240/- which he had collected as land-revenue for 'Kharif' crop of the year 1972 in the capacity of lambardar, for depositing the same in the Tehsil treasury Chachiot. Since the Vasal Waki Navis in the said treasury, Sunder Singh, was on leave on that day, the said Ganga Ram could not deposit the amount in the treasury as the same was to be deposited after the said Vasal Waki Navis had prepared the treasury challan in respect of the said amount. Since Lambardar Ganga Ram came from a distant village, in order to avoid coming to the Tehsil headquarters again with the amount, he handed over this amount of Rs. 1240/- on Feb. 12, 1973 to the accused on the accused giving an undertaking that he would deposit this amount of Rs. 1240/- in the Tehsil Treasury on behalf of said Ganga Ram. The accused also passed a receipt for the said amount in favour of said Ganga Ram after scribing and signing the same in his own hand.

(3.) The accused, however, failed to deposit this amount in the treasury as undertaken by him but appropriated the same for his own use. Later on, the Tehsil officials finding that Lambardar Ganga Ram had failed to deposit the land revenue collected by him on due date, issued a notice to the said Lambardar in response whereof he remained present before the Tahsildar, Chachiot, Sh. Inder Singh, and asserted that he had handed over this amount to the accused on Feb. 12, 1973, against a receipt for depositing in the treasury and he also made an application (Ex. PB) in this behalf after getting it scribed by the petition-writer, Hem Prabha. On this, the Tehsildar Sh. Inder Singh called the accused and enquired from him whether he had received the amount of Rs. 1240/- from the said Ganga Ram for depositing in the treasury and, if so, why the said amount was not deposited in the treasury. The accused made an admission before the Tahsildar that he had received the amount from the said Ganga Ram but had failed to deposit the same in the treasury as he had appropriated the same to his own use and undertook to deposit the said amount in the treasury. The accused, however, failed to do so despite the undertaking and in fact ran away from Chachiot which was his place of posting as Tehsil Jamadar. It was thereafter that this case was registered against the accused.