Criminal Appeal No.1731-SB of 2003
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Criminal Appeal No.1731-SB of 2003 Decided on 9 .12.2009.
Raghu Nath Bansal …… Appellant.
Versus
State of Punjab …. Respondent.
CORAM:- HON’BLE MR. JUSTICE K.C. PURI
Present :- Mr. J.S.Brar, Advocate for the appellant.
Mr. Sudhir Nehra, Addl.A.G, Punjab.
When asked to enter upon his defence, he produced Anil Kumar Gupta Handwriting and Finger Prints Expert, Fazilka (DW-1), Sadhu Ram (DW-2), Harpal Singh, Revenue Accountant (DW-3) and Balraj (DW-4), Krishan Lal Narang (DW-5), Constable Joginder Singh (DW-6), Jag Singh LDC, PSEB, Sub Division, Doda (DW-7).
In the present case, the charge framed against the appellant is that he demanded and accepted illegal gratification for changing and releasing electricity connection in the name of Malkiat Singh from the name of his father Joginder Singh. However, the evidence led by the prosecution does not support the said fact but was in respect of change of the dead meter only. Ex.PA is the basis of the prosecution in which Joginder Singh through Malkiat Singh had made a request that meter at their premises to be changed as it was lying dead. No request has been made in this application that meter be changed in the name of Malkiat Singh from the original consumer Joginder Singh, his father. No doubt, the charge can be amended at any stage but in view of the above circumstances discussed above, it would not be inconsonance of justice to amend the charge after period of fifteen years and in view of the evidence produced by the prosecution.
In view of the above discussion the appeal stands allowed and the impugned judgment of the learned trial Court stands set aside and the accused stands acquitted by giving him benefit of doubt.
A copy of this judgment be sent to the trial Court for strict compliance.