STATE OF HIMACHAL PRADESH Vs. DEVI LAL

JUDGEMENT

(1.) The prosecution is aggrieved by the judgment dated 4.6.2011 passed by learned Judicial Magistrate, First Class, Court No. 2, Nalagarh, District Solan in Criminal Case No. 10/2 of 2009/04, whereby the respondent (hereinafter referred to as the accused) has been acquitted of the charge framed against him under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.

(2.) The record reveals that a case under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code was registered against the accused in Police Station Ramshahar, District Solan vide FIR No. 62/2003 on 8.9.2003 with the allegation that in the month of July, 2002, one Devi Ram (PW-7) has invested a sum of Rs. 40,000/- for a period of three years in TD account and entrusted this amount to the accused, who at the relevant time, was Branch Post Master (BPM) at Post Office Mitian. On being requested time and again, the accused made over one TD Pass book of MSY Account in January, 2003 stamped with date and seal dated 26.1.2003 to PW-7 Devi Ram. In the pass-book, there were entries qua deposit of Rs. 40,000/-. PW-7 Devi Ram allegedly produced the said pass-book on 26/27.8.2002 before the complainant PW-1 Rupinder Singh, Inspector Post Offices, who had come to Branch Post Office, Mitian for inspection. PW-1 Rupinder Singh on verification of the record had found the pass-book having been issued against vague and fictitious account No. 555243. The date of deposit was manually written as 26/27.8.2002. No opening form i.e. 3 T.D. account was filled in nor any SB-26 receipt issued. No entries were found to be made in T.D. Journal and DO Account regarding the deposit of Rs. 40,000/-. Subsequently, the sum of Rs. 40,000/- plus Rs. 4,000/- as interest was credited by the accused into UCR on 11.7.2003. PW-1 Rupinder Singh after checking the records found that the accused had issued a fictitious pass-book and misappropriated the government money and thereby cheated Postal Department. He allegedly used the forged and fictitious pass-book as genuine document. Therefore, application Ext. PW-1/B was made by PW-1 Rupinder Singh to the police of Police Station Ramshahar, District Solan for registration of the case against the accused. Consequently, FIR Ext. PW-9/B came to be registered against the accused.

(3.) The I.O. PW-9 Surinder Pal, the then SHO Police Station Ramshahar, has conducted the investigation in the case. The reports Ext. PW-2/A and PW-2/B were taken into possession in the presence of the witnesses vide seizure memo Ext. PW-2/C. The appointment letter Ext. PA and declaration form Ext. PB in respect of accused were also taken into possession vide seizure memo Ext. PW-2/D. The B.O. account Ext. PC to PF were also taken into possession vide seizure memo Ext. PW-2/E. The forged pass-book Ext. PG and TD journal Ext. PH were also taken into possession vide seizure memo Ext. PW-2/F. The receipt Ext. PW-4/A was taken into possession in the presence of the witnesses vide seizure memo Ext. PW-4/B. The receipt Ext. PW-1/A was also taken into possession vide seizure memo Ext. PW-5/A. The specimen signatures and hand writing of the accused were also taken during the investigation of the case. Admitted signatures, hand writing and question documents sent for examination to State Forensic Science Laboratory, Junga were found to be in the hands of the same person vide report Ext. PW-9/A. The reasons in support of the report are Ext. PW-11/A. The statements of the witnesses associated by the Investigating Officer were also recorded under Section 161 Cr.P.C.