JUDGMENT :

Surjit Singh, J.

State has appealed against the judgment dated 10th March, 2006 of learned Special Judge, Kullu, whereby respondents Inderjeet Singh and others, who were charged with offences, under Sections 420, 467, 468, 471 & 120-B of the Indian Penal Code, and Section 13 (2) of the Prevention of Corruption Act, have been acquitted.

2. Respondent L.V. Upadhaya was posted as Assistant Engineer at Koksar in Lauhal & Spiti District, in the year 1995. Respondent Inderjeet Singh was working as Junior Engineer under him, during that year. Other two respondents, namely Om Parkash and Balbir Singh were also working under him, as Supervisors. Respondent Om Parkash was a regular Supervisor, while respondent Balbir Singh was daily-waged Supervisor.

3. In the months of August and September, there were unprecedented rains in Lauhal valley of Lauhal and Spiti District. Koksar is in Lauhal valley. As a result of those rains, a link road, known as Mooling-Burdul-Sipting, which is about five kilometers in length, was badly damaged. There were land slides and slips on the road. Also, some retaining walls had been washed away. Repair and restoration of the road was immediately required, because residents of the villages, connected by that link road, had to transport their potato crop to the main National Highway, leading to Manali.

4. Exploiting this natural calamity, as an opportunity to make money, the respondents hatched a criminal conspiracy. Object of the conspiracy was to prepare false record, in the form of Muster Rolls and Measurement Books, regarding the work of restoration of that link road. They got issued seven Muster Rolls, Ex. PW-9/D, Ex. PW-9/E, Ex. PW-9/F, Ex. PW-9/G, Ex. PW-9/H, Ex. PW-9/J and Ex. PW-9/L, from the Executive Engineer, Udeypur and made bogus entries in those Muster Rolls, regarding employment of labour. A rum of Rs. 1,79,097/- was shown to have been spent, by way of disbursement of labour charges, in those Muster rolls. Bogus entries were also made in Measurement Books, corresponding to the entries in the aforesaid Muster Rolls. It was also shown in the Muster Rolls that the retaining walls (Kutcha) and the crate walls had been constructed to restore the road, in addition to removal of slips and debris.

5. An anonymous complaint, Ex. PW-20/A, was received by Anti Corruption Zone, Kullu. Preliminary enquiry was conducted by PW-20 Shri Amar Nath, who submitted report Ex. PW-20/B. As per this report, entries in the Measurement Books Ex. PW-13/D and Ex. PW-13/E, as also in the aforesaid Muster Rolls, were bogus and the work of restoration of the aforesaid link road had not been carried out by the Department of Public Works, but by Shramdaan of residents of three villages, namely Mooling, Burgul and Ghosal.

6. On the basis of the aforesaid preliminary report, Ex. PW-20/B, concerned Police Station of Anti Corruption Zone was approached, vide writing Ex. PW-20/D, to register a case against the respondents. Case was formally registered vide FIR Ex. PW-20/E.

7. During the course of investigation, Muster Rolls and Measurement Books were seized. Specimen and admitted writings/signatures of the respondents were also procured. Purported signatures and writings of the respondents, on the Measurement Books and the Muster Rolls, were got compared with their standard writings and signatures. Handwriting Expert opined that the purported writings and signatures of the respondents matched with their standard writings and signatures.

8. On completion of investigation, Disciplinary Authorities of the respondents were approached to accord sanction to prosecute them. On receipt of such sanction, report, under Section 173 of the Code of Criminal Procedure, was drawn and submitted to the learned Special Judge, along with relevant papers.

9. When the respondents appeared before the learned Special Judge, they were supplied with the copies of report, under Section 173 of the Code of Criminal Procedure and the documents submitted therewit