RAJINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) BY this common judgment, two appeals, one filed by Kundan Lal and another by Rajinder Kumar are being disposed of, because both the appeals are directed against the same judgment, dated 1.4.2005, by which they have been convicted of offences, under Sections 409, 466, 467, 471, 120B IPC and Section 13(2) of Prevention of Corruption Act and sentenced as follows:

(2.) CASE of the prosecution may be stated thus. A complaint was lodged with the vigilance people of Chamba that Appellant Rajinder Kumar, who had been Vice President of Panchayat Block Samiti, Mehla, during the years 1992 and 1993, was guilty of embezzling government funds, sanctioned for an irrigation scheme known as 'Manotha to Chaldi Kuhl'. Inquiry was conducted and it was found that not only Appellant Rajinder Kumar but also Appellant Kundan Lal, who was working as Superintendent in the office of B.D.O., Chamba, at the relevant time, had embezzled government funds to the tune of Rs. 11,961/ -, by preparing a bogus muster -roll, showing employment of 18 labourers for the month of November, 1992 and had also not accounted for 20 bags of cement, issued for the construction of the said Kuhl. Case was formally registered vide FIR Ext. PXX. Investigation of the case revealed that 18 persons were shown to have been engaged as labourers for doing the work of the aforesaid Kuhl, in Muster Roll Ext. PW7/B (also Ext.P -2), by the two Appellants, though none of the persons, named in the said Muster Roll, had actually been engaged and a sum of Rs. 11,961/ -, shown to have bene paid as labour charges, had been misappropriated. Persons named in the Muster Roll were examined during investigation. They denied having received the money or having put their signatures or thumb impressions against their names on the Muster Roll. Specimen signatures and thumb impressions of the persons, named as labourers in the Muster Roll, were taken and sent to Finger Print and Handwriting Experts. Fingerprints of 11 persons, named as labourers in the Muster Roll, were sent to Fingerprint Expert, who gave the opinion that fingerprints, being smudged, it was not possible to read and compare them with the specimen thumb impressions.

(3.) INVESTIGATION further revealed that names of the labourers in the Muster Roll, in question, had been written by Appellant Rajinder Kumar. Kundan Lal, the other Appellant, was alleged to have initially made an endorsement on the Muster Roll that payment had been made by him, but subsequently he made addition by writing words "to the vice -chairman for further payment to the labourers". On account of this addition, investigation officer felt that Appellant Kundan Lal was privy to the embezzlement of the amount of money mentioned in Muster Roll Ext. PW7/B (also Ext.P -2).