STATE OF HIMACHAL PRADESH Vs. KUNJU RAM

JUDGEMENT

(1.) This appeal stands directed against the judgement rendered on 20.08.2011 by the learned Special Judge, Chamba Division, Chamba, Himachal Pradesh in Corruption Case No. 6 of 2009, whereby the accused -respondent stands acquitted for the commission of offences punishable under Sec. 409, 420, 467, 468, 471 of the Indian Penal Code and Sec. 13(2) of the Prevention of Corruption Act.

(2.) The prosecution story, in brief, is that accused Kunju Ram remained posted as Naib Tehsildar, Bharmour from 1994 to 2001. In January/February, 1998 there were extensive rains and snow fall in Sub Division Bharmour due to which houses of several persons were damaged and there was heavy loss of property and crop etc. Due to this, the Deputy Commissioner, Chamba vide letter Ext.PW -1/A asked the Government to sanction an amount of Rs. 20 lac from Chief Minister Relief Fund for providing relief to the affected families and the same was sanctioned. Thereafter the Deputy Commissioner, Chamba vide letter Ext.PW -1/D sent an amount of Rs. 15 lac to Sub Divisional Officer (Civil), Bharmour vide cheque Ext.PW.3/A, while an amount of Rs. 5 lac was sent by cash. Out of the aforesaid amount, Rs. 3 lac was handed over to the accused by the Sub Divisional Magistrate, Bharmour on 13.4.1998 for disbursement to the eligible persons. Thereafter a complaint dated 17.8.1999 was received in Police Station, Chamba from one Tulsi Ram Sharma with the allegations that the relief amount was misused by the officials in village Sachuien, Tehsil Bharmour, District Chamba, upon which an inquiry was conducted by Sh. Pritam Chand, Incharge, SV and ACB, Chamba and found the allegations in the complaint to be true and submitted his report Ext.PW -10/C to S.P. Vigilance. On that inquiry report, FIR Ext.PW.10/B was recorded. The investigation in the case was conducted by PW -10 Sh. Pritam Chand and PW -37 Sh. Parkash Chand and as per their investigation, they found that out of the amount of Rs. 3 lac which was given to the accused for disbursement as relief to the people, the accused had embezzled an amount of Rs. 61,000/ - and prepared forged/false documents and receipts by showing the said amount of Rs. 61,000/ - to have been paid to various persons namely Machlu Ram, Govind, Bishnu, Ghimo, Kour, Balbir and Rana. The accused was arrested by the police on 28.12.2006. He was produced by the police before the Naib Tehsildar, Palampur for obtaining his specimen handwriting and signatures, where his specimen henadwriting and signatures Ext.PW -19/A.1 to PW -19/A.7 were taken. The police also took into possession some letters written by the accused to SDM, Bharmour as admitted signatures and handwriting of the accused. The police also took the thumb, fingers and hand impressions and handwriting etc. of Sh. Machlu Ram etc. It also took into possession various receipts Exts.PW -14/A.6 to PW -14/A.12. The said specimen signatures and handwritings of the accused and other persons along with documents were sent by the police to the State Forensic Science Laboratory and Fingers Print Bureau for comparison and as per report of expert Ext.PW -39/A, said receipts and letters contained the signatures of one and the same person. Thereafter the police requested the Divisional Commissioner, Kangra for sanction to prosecute the accused and accordingly sanction Ext.PW -38/A was granted on 18/6/2009.

(3.) On completion of investigations into the offences allegedly committed by the accused a report under Sec. 173 Cr.P.C. stood prepared and fled in the competent Court.