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2010 Supreme(P&H) 2656

2010(4) LAW HERALD (P&H) 3116
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice A.N. Jindal
Criminal Revision No.1845 of 2003
Ram Sarup
v.
State of Punjab
{Decided on 16/09/2010}

Advocates:
For the Petitioner:Mr. Chaman Lal Pawar, Advocate Amicus Curiae.
For the Respondent: Mr. Amit Chaudhary, AAG, Punjab.

Headnote:Indian Penal Code, 1860, S.471--Forgery--Conviction--Sentence--Concurrent findings of fact that the accused was apprehended on 7.11.1994 and he was found driving car which was not having a genuine number and he was driving the same on the forged registration certificate--Based on proper appreciation of the evidence--Sentence awarded also commensurates with the offence committed--No ground to interfere in the impugned judgments. (Para 9 & 14)

       

JUDGMENT

Mr. A.N. Jindal, J.:- This petition is directed against the judgment dated 22.8.2003 passed by the learned Sessions Judge, Ropar, dismissing the appeal against the judgment dated 9.8.2001 passed by the Additional Chief Judicial Magistrate, Ropar, convicting and sentencing the accused to undergo rigorous imprisonment for two years and to pay fine of Rs.2000/- under Section 471 IPC. The case relates to the forgery of the fake registration for stolen cars.

2. The case has unique history. Initially, a case was registered on a secret information on 28.11.1994 to the effect that Gurpreet Singh son of Inder Singh alias Mithu resident of Kunail, P.S. Garh Shankar at present residing at Mohali, Ram Sarup Chaudhary son of Diwan Chand Khatri, resident of House NO.1015, Phase IV, Mohai, Rajinder Kumar alias Raju (since acquitted) resident of H.No.2479, Rajpura Town, Sanjeev Kumar alias Neeta son of Mohan Lal resident of village Baghaur, P.S. Samrala and Harinder Singh alias Sidhu son of Gurnek Singh resident of Sidhpur Kalan, P.S. Khamano were indulging in the acts of committing theft of cars and scooters etc. and bringing the same from other States and after preparing fabricated documents were selling the same and if raid is conducted, the cars and the scooters stolen from various States and the forged documents could be recovered from them. Believing the information to be reliable, ruqa was sent to the police station on the basis of which FIR was registered on 28.11.1994 against the accused. During investigation, accused Rajinder Kumar alias Raju was arrested on 2.12.1994, who pursuant to his disclosure statement Ex.PC got recovered a brief case from his house containing forged affidavit of Inderjit Singh son of Balraj Thakur resident of House No.3189, Sector 37-D, Chandigarh written on a stamp paper of Rs.2/-. The affidavit Ex.P2 of Sukhwinder Singh son of Bhag Singh resident of House No.219, Tagore Nagar, Garh Shankar, District Hoshiarpur., One affidavit of Ram Sarup Chaudhary son of Diwan Chand Chaudhary resident of House No.380, Sector 37-D, Chandigarh along with registration No.CHA 1034 of Fiat Car, partnership deed on a stamp paper of Rs.20/- containing signatures of Sawtanter Chaudhary, partnership deed Ex.P6 containing the signatures of Harpreet Singh Bali and Ram Sarup Chaudhary accused attested by Rajinder Gavri and one photo copy of insurance of car No.DNC 5312, one agreement over a stamp paper of Rs.20/- by Ram Sarup Chaudhary and Manjit Singh of Bhagat Singh Colony, Rajpura, one photo copy over a stamp paper of Rs.1000/- containing address of Sub Registrar, Kharar and photo copy of the partnership deed containing signatures of Surinder Kaur. Registration certificate of scooter bearing registration No.CHT2120, one duplicate registration of scooter No.CHB4836, duplicate registration of scooter No.CHH-8613, registration certificate of car No.PHV 1081, driving licence of Rajinder Kumar, one driving licence No.R-78270-91 dated 23.9.1991 of Raj Kumar, one driving licence No.5433 of Khem Chand son of Kirpa Ram, driving licence of Balwinder Singh son of Harbans Singh, driving licence of Ram Kumar son of Parbh Dayal, one learning licence of Paramjit Singh son of Jagga Singh resident of Mundian, District Patiala were produced. The aforesaid documents were taken into possession by the police vide recovery memo Ex.PD. A letter Ex.PE was written to the Registering Authority, Garh Shankar, regarding registration No.PB-24-2857 regarding maruti car, but the Registering Authority vide endorsement Ex.PE/1 informed that the same has not been issued by their office and that number is lying vacant in their record. Another letter Ex.PF was written to the Licencing Authority, Una to enquire that whether licence No.18926 relating to Rajinder Singh son of Ram Dass and Raj Kumar son of Shiv Ram were genuine, but vide report Ex.PF/1, the authority informed that the same were forged and fabricated. During investigation accused Ram Sarup and Ha



















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