STATE OF PUNJAB Vs. GURCHARAN DASS AND OTHERS

JUDGEMENT

(1.) The State of Punjab has filed this application under Section 378 (3) Cr.P.C., seeking leave to file an appeal against judgment dated 4.1.2012, acquitting respondent Nos.1 to 6 of the charge framed against them. The respondents were sent to face trial for commission of offences under Sections 409, 420, 467, 468, 471, 120 IPC read with Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. One Gurdip Singh was also arrayed as an accused, however, he died during pendency of trial and his name was struck off from array of the parties.

(2.) The trial Court has noted the following facts regarding case of the prosecution:-

(3.) The investigating officer recorded statements of the witnesses. Physical verification of the stored paddy was also conducted on 7.6.1999. Shortage was found at the time of above exercise. After investigation, it was noted that 8615 bags of paddy (5783.77 quintals) were found to have been misappropriated by the proprietors of the rice mills, in connivance with the employees of the Markfed. The investigating officer recorded statements of the witnesses and took into his possession record and other offending material against recovery memos. Final report was put in Court for trial. Copies of the documents were supplied to the accused as per norms. The case was committed to the competent Court for trial. The accused was charge sheeted to which they pleaded not guilty and claimed trial.