STATE OF RAJASTHAN Vs. GOVIND SINGH

JUDGEMENT

(1.) THIS State appeal is directed against the judgment of learned Sessions Judge, Alwar dated 18th December, 1971, whereby he accented the appeal filed by accused -respondent Govind Singh and acquitted him of the Charge punishable under Section 409 I.P.C.

(2.) THE facts giving risse to this appeal are that between July 10, 1965 to July 24, 65 a piece of land known as' Thadi' in village Dagdaga was auctioned in presence of the members of the Panchayat including the accused respondent, who was Up Sarpanch of the Panchayat at the relevant time. PW Chunna offered the highest bid of Rs. 505/ - as the bid was knocked down in his favour An amount of Rs. 505/ - was paid by Chunna to accused Govind Singh Up Sarpanch in the evening in presence of PWs Nanda, Brij Mohan and Birda. Aftter 6 or 7 days of the payment, receipt Ex. P/l was given by the accused to PW 6 Chunna. PW 6 Bhonrey La) was elected Sarpanch of the Panchayat in the year 1966 During the period of his Sarpanchship on enquiry he came to know that Chunna has not deposited the auction amount and as such a notice was given him. In response to it Chunna submitted two documents, namely, Ex.P/1 receipt alleged to have been signed by accused Govind Singh and Narain Singh and Ex P/3 an application for issuance of a Patta in his favour. The audit party raised objections and ultimately the Block Development Officer lodged a report at the Police Station, Rajgarh under Section 409 IPC against the accused -respondent as well as Narain Singh A challan was filed against both the persons under Section 409 IPC. Learned Magistrate placing reliance on the prosecution case convicted the accused -respondent under Section 409 IPC and sentenced him to one year's rigorous imprisonment and a fine of Rs. 200/ -. However, the other accused Narain Singh was acquitted of the charge framed against him.

(3.) DISSATISFIED with the judgment of the appellate court the State Government sought leave to appeal and hence this appeal.