I C S BISHT Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
I C S Bisht
State of Uttarakhand and another
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(1.) The revisionist, by means of the present Criminal Revision, seeks to set aside the judgments and orders passed by the Trial Court and the Lower Appellate Court, on 08.12.2006 and 02.08.2007 respectively. Upon filing of a first information report by Harish Chandra Singh Rawat, a charge sheet in relation to offence punishable under Section 409 IPC was submitted against the accused after the investigation. A charge under the said Section was framed against the accused, to which he pleaded not guilty and claimed trial. After considering the evidence on record, accused Amba Dutt Tiwari (respondent no. 2) was exonerated of the charge complained of against him, vide Judgment and Order dated 08.12.2006. Aggrieved against the said Order, the State of Uttarakhand filed a Criminal Appeal, which too was dismissed by the Sessions Judge, Udham Singh Nagar, vide Judgment and Order dated 02.08.2007. Aggrieved against the impugned judgment and order, present Criminal Revision was preferred by the revisionist.
(2.) Pw 1 Harish Chandra Rawat, PW 2 Himmat Singh Mewadi and PW 3 Chandra Sekhar Joshi were examined on behalf of the prosecution. DW 1 Amba Dutt Diwari examined himself in defence.
(3.) Pw 1 was the Secretary, District Cooperative Federation, Haldwani, when he lodged the first information report against the accused Amba Dutt Tiwari. PW 1 came to know through the District Manager, PCF, Haldwani, that the accused did not deliver 143.95 quintals of wheat to FCI. The allegation against the accused was that he embezzled and misappropriated a sum of Rs. 36,100/-.;
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