N.N.MATHUR,J. - (1.) These four revision petitions are arising out of the order of the Special Judge, A.C.D. Cases, Jodhpur discharging the accused respondents in each revision for offence under Section 409, 420 I.P.C. and Section 13(1)(C)(D)(2) of the Prevention of Corruption Act.
(2.) The brief facts of the case are that the Collector, Barmer forwarded a letter dated 26.7.94 along with an inquiry report to the Dy. Superintendent of F Ace Investigation Bureau, Barmer regarding the irregularities committed by the Sarpanch, the Engineer and other officials of the Panchayat Samiti, Shiv in the famine work. On the basis of the report the Bureau registered a case for the aforesaid offences and proceeded with investigation. After usual investigation the police laid charge-sheet against the accused respondents for offence under Section 409, 420, 1206 I.P.C. and under Section 13(1)(C)(D)(2) of the Prevention of Corruption Act, 1988. The learned Special Judge in his order has extracted the findings of the Inquiry Committee in Para 1 of the order. Thereafter, he proceeded to examine each of the allegation. It is observed by the learned Judge that the Bureau has simply relied upon the inquiry report. No material has been collected during investigation to substantiate the allegations. On the contrary there are 14 Muster Rolls which indicate that a sum of Rs. 55,437/- was paid to the labourers. Even according to the report the worth of construction was more than Rs. 10000/-. There are also vouchers regarding the purchased material. There is no statement of any labourer denying the payment of the wages. In absence of such evidence, it cannot be said that the labourer were not paid the labour charges. In absence of any material it is not possible to ultimately convict the accused persons simply on the basis of the report. I have scanned the material on record. No material has been collected during the investigation on the basis of which the respondents may ultimately be held guilty for the charges levelled against them. In these circumstances, the learned Special Judge was left with no option but to discharge the accused respondents. I find no infirmity in the order of the learned Judge.
(3.) All the four revision petitions stand dismissed Revision Dismissed.;