STATE OF H.P. Vs. AKALJIT SINGH

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) RESPONDENT was employed as a Clerk in the Office of Tehsildar at Rajgarh. One of the duties assigned to him was to collect the fines and penalties imposed by the Tehsildar and to deposit the same money in the treasury. During the years 1983 and 1984 he received a sum of Rs.900/-, on account of fine and penalty imposed upon seven persons and furnished receipts on plain papers to those persons but did not account for the aforesaid amount of money. Matter came to the notice of the Tehsildar only after the persons, upon whom the fines/penalties were imposed, were sent written notices to deposit the fine/penalty. They appeared and showed the receipts on plain papers issued by the respondent and claimed that they had already paid the fine/penalty. Then a report was lodged with the police. Police investigated the matter. Receipts on plain papers issued by the respondent were taken into possession. The same are Exts. PW-13/A, PW-13/B, PW-13/C, PW-13/D, PW-13/E, PW-13/F, PW-13/G, PW-13/H and PW-13/I. Specimen handwritings and signatures of the respondent were taken in the presence of PW-18 Shri Krishan Lal, Executive Magistrate. His admitted writings marked A-1 to A-6 were also taken into possession. The receipts and the aforesaid admitted writings and signatures, and specimen writings were sent to the handwriting expert, i.e. Government Examiner of Questioned Documents, for comparison. He opined that the receipts and the signatures thereon were in the hand of the respondent, as they tallied with his specimen and admitted writings and signatures.

(3.) IT is submitted by the learned Additional Advocate General that the evidence on record proves the case beyond reasonable doubt and the reasoning recorded by the trial Court for acquitting the respondent is perverse.