IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Appeal No. 429 of 2018 Reserved On.: 08.08.2023 Decided on: 18th August, 2023 __________________________________________________________

State of Himachal Pradesh ....Appellant Versus Daljeet Singh u ……Respondent Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge The Hon’ble Mr. Justice Ranjan Sharma, Judge

1 Whether approved for reporting? Yes.

For the Appellant: Mr. Anup Rattan, Advocate g General with Mr. Y.M.Chauhan, Sr. Addl. Advocate General, Mr.

i Ramakant Sharma, Ms. Sharmila H Patial, Addl. A.Gs and Mr.

J.S.Guleria, Dy. Advocate General.

For the Respondent: Mr. P.M.Negi, and Mr.D.S.Nainta, Advocates.

Ranjan Sharma, Judge State of Himachal Pradesh has come up in appeal, 1 Whether reporters of Local Papers may be allowed to see the judgment?

assailing the judgement dated 23.09.2017 passed by the Learned Sessions Judge, Hamirpur, (H.P.) in Cr. Appeal No. 02 of 2013, acquitting the respondent-accused herein, for offences punishable under Section 409, 467 and 471 of Indian Penal Code.

2. CASE OF PROSECUTION:

2(i). Factual matrix of the prosecution story is that the Respondent-accused, Dalrjeet Singh was posted as Junior Assistant from 10.04.2001 to 13.06.2003 in the office of Commandant, 2nd Indian Reserve Battalion, Jangal Bairi. Initially this office was at Hamirpur. The Superintendent of Police, Ha mirpur was holding additional charge from 01.01.2001 upto 28.06.2001. As per office order No. 4185-88 dated 11.04.2001 the appellant was looking after the work of Accounts Branch. When the head office of 2nd IRB shifted to Jangal Bairi, on 10.07.2001, the account work was handed over to the cashier by the accused and also handed over an amount to the tune of Rs.14,35,803/-. The accused with the object to misappropriate the amount alongwith Kuldeep Chand, Assistant Deputy Director, 2nd IRB, Dharamshala included few lines in the charge report. The amount was shown to be returned to the cashier Hamirpur. The balance amount was shown as Rs.3,53,643/- instead of the actual amount of Rs.5,42,559/-. During audit, the account was checked and cash of Rs.1,86,692/- was found less, which fact has been given in the audit report. The Investigation Committee was constituted and total amount of Rs.1,91,505/- from different heads was found to be misappropriated by the accused. It is also ther prosecution story that Shri R.M.Sharma, the then Commandant, 2nd IRB, Jangal Bairi/Superintendent of Police, Hamirpur, having additional charge from January 2001 to June 2001, filed a complaint Ex.PW-1/A , on which F.I.R. Ex.PW-16/A, was registered. Thereafter, the Investigation was undertaken and consequently Challan was filed before the trial Court, for offences under Section 409, 467 and 409 of IPC. After taking cognizance, the accused was summoned and thereafter on 6.7.2007 the learned Trial Court, framed the following Charge against the accused-respondent, which is reproduced below:

“Charge I, Padam Singh Thakur, Addl. Chief Judicial Magistrate, Hamirpur, H.P. do hereby charge you accused as under:

That you are posted as Junior Assistant from 10.04.2001 to 13.06.2003 in the Office of Commandant in 2nd India Reserve Battalion, Jangalberi. You have mis- appropriated Rs.1,88,916/- and vide RC No. 15/01, dated 10.07.2001, R/C No. 16/01, dated 16.07.2001, vide R/C No. 01/2001 dated 11.1.2001 and vide R/C No. 142/01 dated 11.10.2001 and thus total amount spent Rs.5,42,559/- and vide fate note you have shown this amount Rs.3,53,643/- and the remaining amount of Rs.1,88,916/- was misappropriated and committed the offence punishable under Section 409 of IPC and within my cogrnizance.

Seucondly, you have forged entry in the Record in order to mis-appropriate the aforesaid amount and cheated the department and committed the offence punishable under Sections 467, 468 of IPC and within my cognizance.

Lastly, by preparing the forged record for mis-appropriation the aforesaid amount hused the fake record as genuine an