UJAGAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment of the court of learned Special Judge, Sirmaur District at Nahan dated 1.8.2003, vide which the appellant was held guilty under Section 409 IPC and under Section 13(2) of the Prevention of Corruption Act,1988 and was sentenced as under : Section 409 IPC Rigorous imprisonment for 3 years and fine of Rs.5000/-. In default of payment of fine, simple imprisonment for 6 months. Section 13(2) of the R.I. for 2 years and fine of Rs.2000/-.In default Prevention of Corruption of payment of fine, S.I. for 3 months. Act.

(2.) BRIEFLY stated the facts of the case are that the appellant hereinafter also referred to as the accused was posted as Inspector, Food and Supplies in Shillai during the year 1995. He was supplied 70 bags of wheat on 18.9.1995 and again 84 and 85 bags of wheat through two trucks on 31.8.1995. The appellant acknowledged the receipt of the wheat stock as per receipts dated 21.9.1995 and 23.9.1995 and the payments were made to the contractor for transportation charges. The appellant was transferred to Kaza on 12.9.1995 and was relieved in absentia on 29.9.1995 but he did not hand over the charge until 8.2.1996. A Committee was therefore formed by Deputy Commissioner on request of Director, Food & Supplies to take the record and stock into possession after breaking open the locks, which were broken and the taking of the stock of wheat was done. No wheat stock was found and the concerned registers regarding the stocks were also not found available.

(3.) I have heard Mr. Mr.Chandranarayana Singh, learned counsel for the appellant and Mr.Ashutosh Burathoki, learned Additional Advocate General for the respondent-State and have also gone through the record carefully.