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PUNJAB & HARYANA HIGH COURT
A.S.Nehra, J.
Satrangi Lal Alias Krishan Lal
Versus
State Of Haryana
Criminal Revision No. 1219 of 1986,
Decided On : AUGUST 2, 1994
CRIMINAL LAW - FORGERY - CHEATING - SECTIONS 411, 468, 471, 420 OF THE INDIAN PENAL CODE - CONVICTION AND SENTENCE - EVIDENCE - SUFFICIENCY - HANDWRITING EXPERT - NECESSITY - BANK OFFICIALS' TESTIMONY - RELIABILITY - FORGED DOCUMENTS - USE TO CHEAT FIRMS - PROOF - TELEPHONE NUMBER ON LETTER PAD - IRRELEVANCE.
Fact of the Case:
Petitioner, Satrangi Lal, was convicted and sentenced under Sections 411, 468, 471, and 420 of the Indian Penal Code for forgery, cheating, and criminal breach of trust. He appealed, and the Additional Sessions Judge partly allowed the appeal, setting aside the conviction under Section 411 but maintaining the convictions and sentences under the other sections. The prosecution alleged that Satrangi Lal impersonated a railway official, stole railway receipts, and used them to create false railway receipts, hundis, and letters to various firms, resulting in the fraudulent transfer of funds into his bank accounts.
Finding of the Court:
The court found that the prosecution had proven its case beyond a reasonable doubt. It held that the evidence of bank officials who testified that the petitioner had opened accounts in the name of his firm and had signed various documents in their presence was sufficient to establish his identity and involvement in the fraudulent activities. The court also found that the petitioner's use of a different firm's telephone number on his letter pad did not exonerate him, as there was ample other evidence to support the charges against him.
Issues: 1. Whether the prosecution had proven the petitioner's guilt beyond a reasonable doubt. 2. Whether the testimony of bank officials was sufficient to establish the petitioner's identity and involvement in the fraudulent activities. 3. Whether the presence of a different firm's telephone number on the petitioner's letter pad negated the prosecution's case.
Ratio Decidendi: 1. The court held that the prosecution had proven its case beyond a reasonable doubt based on the following evidence: - Testimony of bank officials who identified the petitioner and confirmed his signatures on various documents related to the opening of accounts and transactions. - Testimony of witnesses who corroborated the petitioner's involvement in setting up the firm, hiring employees, and conducting business. - Documentary evidence, including forged railway receipts, hundis, and letters, which linked the petitioner to the fraudulent activities. 2. The court found that the testimony of bank officials was sufficient to establish the petitioner's identity and involvement in the fraudulent activities. The court reasoned that these officials had known the petitioner personally and had witnessed him signing documents in their presence. Therefore, their testimony was reliable and credible. 3. The court held that the presence of a different firm's telephone number on the petitioner's letter pad did not negate the prosecution's case. The court reasoned that this discrepancy was not material to the charges against the petitioner and that there was ample other evidence to support his conviction.
Final Decision: The court dismissed the petitioner's revision petition, upholding the conviction and sentence imposed by the trial court.
1. Petitioner was convicted and sentenced under Sections 411, 468, 471 and 420 of the Indian Penal Code by the Chief Judicial Magistrate Kurukshetra on 29/11/1985. Appeal filed by the petitioner was partly allowed by the Additional Sessions Judge on 5-9-1986. Conviction and sentence of the petitioner under Section 411 Indian Penal Code was set aside. Conviction under Sections 468, 471 and 420 of the Indian Penal Code was maintained. Sentence of the petitioner was reduced from three years to two years under Section 468 I.P.C. from three years to two years under Section 471 I.P.C. as also from three years to two years under Section 420 Indian Penal Code. However, the substantive sentences awarded to the petitioner were ordered to run concurrently. Sentence of fine imposed by the trial Court was maintained.
2. The prosecution story in brief is as follows :-
Satranji Lal petitioner hailed from Delhi. On 8-12-1976 he happened to go to railway station Banga. There he met its Station Master, Kedar Nath, PW-2, and misrepresented to him that he had come there to collect figures regarding booking of wagons of coarse grain under the directions of Agriculture Ministry, Government of India, He misled the Station Master and inspected the record of the Railway Station. In this process he removed one R. R. book containing blank railway receipts numbering 590309 to 590350 from the said railway station. In order to prosecute his plan, Satrangi Lal went to Shahbad Markanda Tehsil, Thanesar, District Kurukshetra. There he contracted Daryai Lal, said to be his old friend. Satrangi Lal told Daryai Lal that he wanted to start a firm in the name and style of M/s Arjan Mal Jagan Nath and for that he sought his help. With the help of his friend, Satrangi Lal took a shop from Om Prakash, through Subhash Chand commission agent and opened his office therein. Satrangi Lal then purchased articles of furniture for his office, got the name of the firm inscribed and got bill books and other necessary forms and letter pad in the name of his firm printed. He employed Diwan Chand as munim. He got his accounts opened in the Punjab National Bank and New Bank of India Shahbad having been introduced through Shri Ram PW and Sunder Lal PW. After establishing the office and employing his munim and opening accounts with the banks Satrangi Lal started writing letters to various firms in India. All those letters were written by the munim employed by him. He sought supply of dals through railway wagons. His efforts were crowned with success and Satrangi Lal succeeded to seek orders for the supply of dals from various firms. It was agreed that Satrangi Lal will send railway receipts and hundis through the Bank. Satrangi Lal used the railway receipts and R.Rs allegedly stolen by him from railway station Banga, prepared false railway receipts, hundis and sent the same to various banks. On receipt of these hundis, the firms concerned made payment to the banks and in all a sum of Rs. 2,20,000.00 was credited in the accounts of Satrangi Lal opened in Punjab National Bank and New Bank of India at Shahbad. Out of this amount, Satrangi Lal withdrew Rs. 1,10,000.00. The remaining amount lay deposited with the two banks mentioned above in the account of Satrangi Lal. It so happened, as expected, the firms sending the money did not get dals through railway. Obviously they made enquiries from the railways as well as from the banks. The situation gathered publicity and ultimately the matter came to the notice of the police which registered a case against Satrangi Lal and started investigation. The parties produced documents before the police. The accused also admitted the facts before the police during the course of investigation. Thus the investigation by the police culminated into presenting a challan against Satrangi Lal in the Court of Chief Judicial Magistrate Jullundur.
3 Prosecution to prove its case examined PW-1 Markandeoy Singh, D.I.G., PW-2 Kedar Nath, PW-3 Siri Ram, P
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