KHUSHAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal is directed, against, the impugned judgment, of, 20.1.2017, rendered by the learned Special Judge, Kullu, District Kullu, H.P., wherethrough the appellant herein (for short 'accused'), stood convicted, by the learned trial Court, for, an offence punishable under, Sections 409 of IPC and Section 10 of HP.PSCP Act.

(2.) The brief facts of the case are that as per memorandums Ex. PW-1/D and Ex. PW-1/E of 11.1.1988, accused was given appointment as Junior Engineer on temporary basis in I & PH Department, and was posted as such in I & PH Division, Jubbal District Shimla, H.P. In the year 2009 , accused while posted as JE in I & PH Sub Division, Shamshi, was assigned the duties of inspection as well as to get carried out various works, such as construction of Life Irrigation scheme to villages Bhatgram, Tuniseri, Bashona and Bagicha, construction of pump house and chowkidar quarters etc, which work was awarded to M/S Ashadeep Construction Pvt. Ltd, Tharas, vide Agreement, Ex. PW2/E, being lowest tender and vide store indents Ex. PW-2/B, Ex.PW-2/C and Ex.PW-2/D, accused were supplied various items, including certain quantity of cement bags for carrying out the works done at the construction sites, which indents were taken into possession from Pankaj vaidya (PW-2) vide memo Ex. PW-2/A alongwith agreement of work Ex. PW-2/E by the Investigating Officer. Similarly, vide store indents Ex. PW-3/B to Ex. PW-3/G, accused were also supplied certain items including certain number of cement bags etc for carrying out the work done at the construction sites, which indents were taken into possession from chamaru Ram (PW-3) vide memo Ex. PW-3/A alongwith gate passes. As per Departmental Rules, after receipt of cement supply from the Department, accused was required to stack the cement in the store of Section Headquarters and in case of non-availability of such store, accused had to take permission from the Department to stack and store the cement in private accommodation. On 5.6.2009, vide rapat Ex. PW-13/C a secret information was received in the police station of SV & ACB, Kullu, to the effect that government supply cement, stacked by the accused in his house at Buin, was being misused. It was also informed that accused was supplying the government cement to aforesaid Kamal Kishore (PW-9) for construction of his house. On the receipt of said information, the investigation of the case was entrusted to Inspector Prem Singh (PW-24), who alongwith other police officials visited the spot. The house of the accused was searched and during search 21 full bags, one open bag and 22 empty bags of government supply cement were found in the room. On the cement bags, there was inscription of words "not for sale and only for government supply". There was also mark of ISI on the bags. The cement bags were found to have been manufactured in March, 2009. After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused, challan was prepared and filed in the Court.

(3.) The accused stood charged, by the learned trial Court, for his committing an offence(s) punishable, under Section 409, of, IPC, and, under Sections 13(1)(d), and, under Section 13(2), of, the P.C Act, and, under Section 10 of the H.P PSCP Act, whereto which he pleaded not guilty and claimed trial.