STATE OF H.P. Vs. SHWAR DASS

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) RESPONDENTS were sent up for trial for offences punishable under Sections 420, 468, 471, 120-B of the Indian Penal Code and Section 13 (2) of the Prevention of Corruption Act on the following allegations. Ishwar Dass, respondent had a house in village Dangaar, Tehsil Ghumarwin, District Bilaspur. In the year 1994 during the rainy season there was heavy rain-fall. As a result thereof, some houses collapsed and the Government got assessed the damage from the Patwari for paying compensation to the affected persons. Even though the house of Ishwar Dass had not collapsed due to the down-pour and had in fact been pulled down by him by engaging PW-2 Inder Singh, PW-3 Sarwan Kumar and PW-8 Dandu Ram, he in connivance with the other respondent Prakash Chand, who was then working as Patwari, got prepared a false claim for compensation alleging that the house had collapsed due to rains. Prakash Chand, respondent in his capacity as Patwari, assessed the damage at Rs.16,120/-. On the basis of that assessment a sum of Rs.3200/- was paid by the Government to Ishwar Dass as compensation. Prakash Chand is alleged to have issued false and bogus report in favour of Ishwar Dass that the house had collapsed due to rains and thus he caused wrongful loss to the State and helped Ishwar Dass to make wrongful gain.

(3.) A perusal of the evidence on record and the judgment of the trial Court shows that the view taken by the trial court is reasonably possible. In other words, the view taken by the trial Court is not perverse calling for interference in the judgment of acquittal.