He also did number state that A 4 or Arun Kumar, cleaner of the truck, were inside the truck when the police intercepted it.
He had also denied keeping any attendance register and making over writing.
Soon, Truck No.
A 3 and A 4 have also denied the companyrectness of the prosecution evidence.
About hiring of the trucks of private owners, he has stated that they used to give demand on phone but when the Union did number send trucks of required number, then truck was called from Mr. Kapila.
However, it was stated by A 1 that the truck number was written on the challan on the information of Palledar and so bona fide mistake had crept in filling the number.
During examination of the appellants under Section 313 of the Cr.
The judgment of the trial companyrt further reveals that the learned Judge formulated the following points which had arisen for determination in this case Whether the accused Sudershan Kumar and Ramesh Chand have entered into a companyspiracy with accused Pawan Kumar and Ramesh Munshi to sell the wheat bags from the Civil Supply Food Corporation, Chambaghat to the Flour mill at Deonghat?
used to supply through the truck tied from the private owners, and DW 2 Sandeep Kapila, owner of Truck No.
He was accompanied by PW 11 and some other police officials.
Information supplied by the Registering and Licensing Authority, Solan with regard to Vehicle No.
After the trial, the learned Special Judge, Solan, acquitted all the four appellants of the aforesaid charges, inasmuch as, as per his findings, the charges were number proved against these appellants beyond reasonable doubt.
The bags were meant to be taken to Arki depot.
Prosecution case is that on May 30, 2003, Shri Hari Chand PW 14 , Deputy Superintendent of Police Vigilance , received secret information that a truck was being loaded with wheat bags at the Corporations Depot at Chambaghat and that the wheat was to be carried to the flour mill of A 3 in an illegal and unauthorized manner.
PW 11 then went to Chambaghat and found that wheat was being loaded in Truck No.
Appellant No.1 Sudershan Kumar hereinafter referred to as A 1 was working as In charge of Himachal Pradesh State Civil Supplies Corporation, Chambaghat hereinafter referred to as the Corporation , a suburb of Solan town.
Whether accused Pawan Kumar and Ramesh Munshi had obtained delivery of the wheat bags by dishonest inducement?
It was still by the side of the main road when the truck was intercepted.
On companypletion of investigation and after obtaining sanction to prosecute A 1 and A 2, a report under Section 173 of the Code of Criminal Procedure, 1973 for short, Cr.
The specific observations on his testimony, highlighting this aspect, are in the following words Apart from above facts, the evidence of PW 2 is number reliable.
On May 31, 2003, or say the next following day, Gate Pass Book Exhibit PW 6/A 6 was taken into possession.
The trial companyrt also pointed out certain circumstances from which it came to the companyclusion that evidence of PW 2 was number reliable.
A 1 had examined two witnesses DW 1 Ram Pal, Public Distribution Clerk in Food and Supply depot at Chambaghat, to prove that food grains etc.
She opined that the signatures Mark Q 3 on Gate Pass Exhibit PW 9/A was similar to the standard signatures of A 1 and the body of the Gate Pass Mark Q 1 tallied with the standard writings of A 2.
Driver of the truck, namely Shri Duni Chand PW 2 , was in drivers seat.
Whether the accused Sudershan Kumar and Ramesh Chand sold the Government wheat to the accused Pawan Sahni illegally and these are guilty of criminal misconduct?
The trial companyrt found that this part of the prosecution case was number supported by PW 2 and, therefore, it raised grave doubt about the companyrectness of the prosecution version.
HP 14 0198 for being carried to Arki.
Appellant No.4 Ramesh Chand II, s o. Sher Bahadur hereinafter referred to as A 4 was employed as Munshi by A 3 for assisting him in the affairs of the aforesaid flour mill.
After having test drive, the wheels again got jammed and the driver left the vehicle by road side and came to him and told about the same.
For determination of these points, the Court analyzed the prosecution evidence by pointing out that as per the version of the police, they had followed the truck from Chambaghat and the truck had stopped in front of the floor mill of A 3.
Their admitted writings signatures were also seized.
In his statement he states about leaving one boy in the truck who was said to be son of driver.
It was followed by PW 14 in a Government Gypsy.
He returned to the office of PW 14 at Solan and informed him about what he had seen.
He admitted that he was asked by the police to take the truck to the police station and accused Ramesh Munshi was number inside the truck and came to the police station in a car and he was also arrested when he reached the police station.
He admitted that when he came there after taking tea, police was in the parking area of hotel Shefiton and he was arrested by the police the read sic before he companyld reach his truck.
It was clear from this statement that he was number inside the truck when the police searched the truck.
The police party following the truck called the local police and searched the truck.
HP 14 0198 as Scooter has been admitted.
Wheat bags loaded in the truck were companynted and they were 130 in number.
Arun Kumar, who was the cleaner of the truck, had number been examined.
The driver got the wheels of the truck checked and put new tyres.
It takes 5 6 minutes to reach Deonghat from Dohri Dewar.
PW 14 deputed Sub Inspector Shri Bheem Singh PW 11 to verify the information received by him.
A written report was prepared, which is marked Exhibit PW 10/L and sent to the Police Station for formal registration of the case.
Final order.
Having regard to the facts that the aforesaid questions are interconnected, the Special Judge took them up together for discussion.
Case was formally registered vide FIR Exhibit PW 10/M. Driver of the truck, i.e. PW 2, and A 4 were taken into custody.
This is the last Gate Pass in the Book.
A 4 was in the drivers cabin.
PW 2 and A 4 were sitting in the truck.
A 3 stated that A 4 was employed as peon cum water carrier.
HP 14 6189 appeared on the National Highway from the side of store of Corporation at Chambaghat.
Statement of A 4 was also claiming to be innocent.
It had a carbon companyy of Gate Pass dated May 30, 2003 as per which 130 bags of wheat had been loaded in Truck No.
There were numberpapers regarding transportation of wheat available with the driver.
On enquiry, the driver told that the wheat had been loaded at the instance of A 4 who claimed that the papers were with him.
Specimen and admitted writings signatures of these appellants were sent to the handwriting expert Dr. Minakshi Mahajan PW 9 for companyparison.
P.C. , along with relevant papers, was filed in the Court of Special Judge, who, after companyplying with the requirement of Section 207 of Cr.
Judgment of the Trial Court After hearing the arguments of the companynsel for the parties and analyzing the evidence which surfaced on record, the Special Judge believed the defence version and held that prosecution companyld number prove the case beyond reasonable doubt.
The aforesaid, in brief, are the reasons which prompted the Special Judge to acquit the appellants.
Truck crossed Solan town and proceeded towards Deonghat.
It stopped behind two trucks which were already parked near the flour mill of A 3.
As per his cross examination, he took 10 15 minutes for him to take tea.
The Special Judge remarked that if the wheat had been sold or was to be supplied to A 4, which was purportedly the information received by the police, then the police should have waited for unloading of the bags and carrying of these bags to the flour mill of A 4.
Appellant No.2 Ramesh Chand, s o. Bhagwan Singh hereinafter referred to as A 2 , was working as Helper in the aforesaid Corporation in the month of May 2003.
A 1 and A 2 were also taken into custody.
It is admitted that the gate passes were issued by them and denied the sending of documents to the Examiner of Documents.
The trial companyrt also found lack of evidence of companyspiracy between the accused persons as it was number proved that all the accused had joint separate meetings and had companyspired together to do the acts as alleged.
Truck loaded with 130 bags of wheat was seized and taken to the police station.
P.C., A 1 in his statement had denied supplying of 130 wheat bags to flour mill of A However, he has stated that these bags had been loaded in the truck for transportation to Arki depot from where the demand had been received.
It was stated that there was numberreason for them to erase the original entry and if they wanted they companyld have prepared and produced a new register to the Police.
He also does number know where the son of driver had gone whether he was inside the truck or outside.
He denied A 4 having companye to the godown.
He claimed to be innocent.
However, he admitted sealing of the store by the police, taking of the gate pass and stock register into possession, handing over 130 bags of wheat to the Regional Manager on superdari, keeping two empty bags as sample, handing over the keys of the store to Anil Kumar, and taking into possession the appointment and posting orders.
The police had arrived on the spot before his return to the truck.
The carbon companyy of the gate pass was made available to the investigating agency by A 1 on the next date iii the said companyy was from the gate pass book Exhibit PW 6/A 6 and carbon companyy was Exhibit PW 9/A. On the gate pass, number of the vehicle written was HP 14 0198, which was number the registration number of the vehicle in which 130 bags of wheat had been loaded.
They were arrayed as accused 1 to 4 A 1 to A 4 .
A. Nos.
HP 14 6189 to prove that his truck had been hired for transporting the wheat from FCI godown, Chambaghat to FCI Arki depot.
The wheat was, in fact, meant for distribution to the persons living below poverty line and it companyld number have been sold to anybody else.
He did number tell the police that he had gone to take tea after parking the truck.
It is highlighted by the Special Judge that this witness has categorically stated that after he parked the truck in front of the factory, he came to take tea and when he came back to the vehicle, the police had reached there.
He also admitted taking of their specimen handwriting.
The respondent State went in appeal challenging the aforesaid verdict of the Special Judge.
Discarding the case of the prosecution that the accused persons were caught red handed, the trial companyrt pointed out that the truck was number actually taken to the premises of the factory of A 3.
HP 14 6189.
PW 14, accompanied by PW 11 and other police officials, deboarded their vehicle and went to the site where the truck had been stopped.
While arriving at this companyclusion, the learned trial companyrt pointed out certain loopholes in the investigation as well as the evidence of the prosecution and also observed the areas where the prosecution lacked in furnishing sufficient evidence which companyld nail the appellants.
Appellant No.3 Pawan Kumar Sahni hereinafter referred to as A 3 is the proprietor of flour mill, known as Giri Raj Atta Mill, at Deonghat, another suburb of Solan town.
In the meantime, some people came there in civil dress and asked the driver to accompany them to the place where the truck was parked and there were police people surrounding the truck.
Judgment of the High Court The material discussion in the judgment of the High Court starts with taking numbere of the admitted facts, namely i the wheat was loaded in the truck in question ii when it was intercepted and its driver PW 2 was taken into custody, he did number have the gate pass with him.
Similar is the statement of A 2.
He appears to be a witness with a view to save himself from the case as earlier he had also been arrested by the police.
During the companyrse of investigation, specimen writings of A 1 and A 2 were also taken.
A. Nos.
As per him, the driver had companye to Deonghat for obtaining money for diesel and other expenses.
P.C., and hearing the Public Prosecutor and defence companynsel and after perusing the record, charged A 1 and A 2 with offences punishable under Sections 120 B, 408, 218 of IPC and Section 13 2 of the PC Act.
His bail application has been opposed and later on he has been cited as a witness.
By the same orders, this Court suspended the sentence of the appellants on certain terms.
The factual matrix which led to the charge of these appellants, is succinctly narrated by the High Court with due clarity and, therefore, we are taking the facts from the said judgment, which led to the trial of these appellants.
A 3 and A 4 were charged with offences under Sections 120 B and 420 of the IPC.
20,000/ with default SI 3 months Special leave to appeal was granted by this Court on July 18, 2011 and July 22, 2011 respectively in the petitions filed by the appellants.
The appellants are, accordingly, on bail.
Carbon companyy of the Gate Pass available in the Book is marked as Exhibit PW 9/A. During verification, the Police found that HP 14 0198 is the registration number of a Scooter and number a Truck or mini Truck.
K. SIKRI, J. These appeals arise out of companymon judgment dated May 03, 2011 rendered by the High Court of Himachal Pradesh.
The appellants in these appeals were charge sheeted and tried for offences punishable under Sections 120 B, 409, 218 and 420 of the Indian Penal Code, 1860 for short, IPC as well as Section 13 2 of the Prevention of Corruption Act, 1988 for short, PC Act .
The Special Judge was of the opinion that the police party should have waited to find out whether the truck will be taken to the factory and goods would be unloaded.
It is admitted that numberwheat grains had been received at Arki depot and PW 3 had loaded 130 bags of wheat from the godown in vehicle Swaraj Mazda from another truck at his instance.
