STATE OF H P Vs. BALAM SINGH

JUDGEMENT

(1.) The instant appeal stands directed by the State against the judgment rendered, on 18.02.2008, by the learned Sessions Judge, Shimla, H.P., upon, Criminal Appeal No. 7-S/10 of 2007, whereby, he set aside the judgement of conviction, and, sentence recorded, upon, the accused/respondent herein, by the learned trial Court.

(2.) The facts relevant to decide the instant case are that on July 22, 2006, at about 3.10 p.m., Up Pradhan Shri Narain Datt Sharma, Gram Panchayat Khatnol, informed the police of Police Station Dhalli, telephonically that the villagers had caused a person, who states himself to be an Inspector and seems to be a suspect. It is averred that on the aforesaid information, Inspector Vijay Sharma along with other police officials proceeded to village Khatnol. On reaching the spot, Lal Chand made a statement under Section 154 Cr.P.C., to the effect that on the aforesaid date at about 2 or 30 p.m., he was present in his shop and one person came there and demanded cold drinks from him. It is averred that he gave him two bottles of cold drinks and the latter asked for the price of the cold drinks which was disclosed at the rate of Rs.11/- per bottle. The latter told that he was selling the same at higher price than the prescribed rate. It was reported that the accused had disclosed to him that he is Food and Supplies Inspector and he can fine upto Rs.10, 000/-. It was reported that said person asked for suitable treatment and then he will leave him. Upon this, the complainant paid him a sum of Rs.500/- and the accused had stated that it is quite less amount.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.