SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(P&H) 1484

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr.Justice Rameshwar Singh Malik
CRR-2004 of 2007
Surinder Singh
v.
State of Haryana
{Decided on 16/09/2015}

Advocates:
For the Petitioner (in CRR-2004-2007):Mr. Rakesh Gupta, Advocate for Mr. Vikram Singh, Advocate.
For the Petitioners (in CRR-2054-2007):Mr. R.N. Lohan, Advocate.
For the Respondent: Mr. Ashish Yadav, Addl. AG, Haryana.

Headnote:Indian Penal Code, 1860, S.468--Forgery--Probation--Fine enhanced and petitioners released on probation as:-

       (i) they are sole bread witnesses of their families;

       (ii) they are facing trial for long 19 years;

       (iii) they have not misused the concession of bail;

       (iv) they are neither previous convict nor found involved in any other criminal case--Criminal Procedure Code, 1973, S.360.

       

JUDGMENT

Mr. Rameshwar Singh Malik, J.: - Feeling aggrieved against the common impugned judgment of conviction and order of sentence, convicts-petitioners have approached this Court, by way of these two identical criminal revision petitions, for setting aside the impugned judgments of conviction and order of sentence. Since both these identical criminal revision petitions bearing CRR-2004-2007 (Surinder Singh Vs. State of Haryana) and CRR-2054-2007 (Ujjagar Singh and others Vs. State of Haryana) are directed against the same impugned judgment of conviction, both are being decided together. However, for the facility of reference, facts are being culled out from CRR-2054-2007.

2. Brief facts of the case, as noticed by learned trial Court in paras 2 & 3 of its impugned judgment of conviction, are that on 19.09.1996 on the receipt of a letter No.1350-52 ST dated 19.09.1996 from the Commandant, 4th Bn. HAP Madhuban, present case was registered. It was informed that Prithvi Singh son of Shankar Lal, Surender Singh son of Bharat Singh, Amar Singh son of Ram Kumar and Ujjagar Singh had been recruited as Constables in the Haryana Police on the basis of the Matriculation certificates produced by them and their certificates were sent to the Secretary, Haryana School Education Board, Bhiwani, vide letter No.6402 dated 10.07.1996 for checking of genuineness of the same. The Secretary, Haryana School Education Board, Bhiwani, vide his office memo No.6024/VR/CERT/E dated 12.08.1996 had informed that certificates bearing Sr. Nos.31216, 017116, 006340 and 017019 of the abovementioned persons had been verified and were found bogus. Hence, it had been proved that all of them had obtained the abovesaid bogus certificates by virtue of fabrication, impersonation and cheating and they had also used these certificates as genuine despite the knowledge that these were bogus before the recruiting authority in Police Department and also got themselves recruited as Police Constables.

3. On the complaint/letter, case was registered. Matter was enquired. Accused were arrested. The certificates used for the purpose of cheating were taken into police possession. Statements of witnesses recorded. After completing all the formalities of investigation, challan was presented in the Court for trial.

4. The final report under Section 173 of the Code of Criminal Procedure (‘Cr.P.C.’ for short) having been presented, copies thereof along with documents attached therewith, were supplied to the accused, as required under Section 207 Cr.P.C. A prima facie case was found to be made out and accordingly the accused were charge-sheeted for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code (‘IPC’ for short). Accused pleaded not guilty and claimed trial.

5. With a view to prove its case, prosecution examined as many as 8 PWs, besides producing other relevant documentary evidence on record. On conclusion of the prosecution evidence, statements of the accused were recorded under Section 313 Cr.P.C. All the incriminating material available on record was put to the accused. They denied the allegations, alleged false implication and pleaded complete innocence. However, they did not lead any evidence in their defence.

6. After hearing the learned counsel for both the parties and going through the evidence brought on record, the learned trial Court came to the conclusion that the prosecution has proved its case bringing home the guilt against the accused, however, to the limited extent for the offences under Sections 468, 471 IPC. Accordingly, accused were acquitted of the charges framed against them for the offences punishable under Sections 420, 467 IPC, whereas they were held guilty and convicted for the offences under Sections 468, 471 IPC, vide impugned judgment of conviction dated 07.06.2006. Thereafter, the convicts were sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/- each for the offence under Section 468 IPC. C


































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top