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2018 Supreme(P&H) 1510
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Kuldip Singh, J.
Dalwinder Singh – Appellant
Versus
State of Punjab – Respondent
CRA-S-4526, 4573, 4685-SB-2016 &173-SB-2017 (O&M)
Decided On : 31-07-2018
For the Appellant :Mr. H.S. Sidhu, Senior Advocate with Mr. K.S. Sidhu, Advocate, Mr.Gurcharan Dass, Advocate, Mr. H.S. Bhullar, Advocate, Mr. Gurvinder Singh Dhillon, Advocate
For the Respondent: Mr. Harbir Sandhu, AAG Punjab
The main legal point established in the judgment is that while the accused were found to have used a forged document, there was insufficient evidence to prove their involvement in the forgery itself or in a criminal conspiracy to commit forgery.
Headnote:
Forgery - Land Partition - Indian Penal Code, Sections 467, 468, 471, 120-B - Prevention of Corruption Act, 1988, Sections 13(1)(d), 13(2)
Fact of the Case:
The case involved a conspiracy to misappropriate government land through forged orders for partition. The accused were charged under various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988.
Finding of the Court:
The court acquitted the accused Dalwinder Singh, Jaswant Singh, and Shamsher Singh of charges under Sections 120-B and 471 read with Section 120-B IPC. However, Gurmit Singh's conviction and sentence under Sections 467, 468, and 120-B IPC were set aside, but his conviction and sentence under Section 471 IPC were maintained.
Issues: The main issue was the involvement of the accused in the conspiracy to forge orders for land partition and the use of the forged document.
Ratio Decidendi: The court found that while the accused were involved in using the forged order for land partition, there was insufficient evidence to prove their involvement in the forgery itself or in a criminal conspiracy to commit forgery.
Final Decision: The court acquitted Dalwinder Singh, Jaswant Singh, and Shamsher Singh of certain charges, while setting aside Gurmit Singh's conviction and sentence under certain sections but maintaining his conviction and sentence under Section 471 IPC.
Kuldip Singh, J.
1. By this common Judgment, I shall dispose of four connected criminal appeals bearing CRA-S-4526-SB-2016, CRA-S-4573-SB-2016, CRA-S-4685-SB-2016 and CRA-S-173-SB-2017, arising out of FIR No.46 dated 20.8.1999 under Sections 467, 468, 471, 120-B IPC and Sections 13 (1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau Patiala.
2. Appeals are directed against the judgment of conviction and order of sentence dated 5.12.2016, passed by learned Special Judge, Rupnagar, vide which, the appellant Gurmit Singh was convicted under Sections 120-B, 467, 468, 471 read with Section 120-B IPC, whereas appellants Jaswant Singh, Dalwinder Singh and Shamsher Singh were convicted under Sections 120-B and 471 read with Section 120-B IPC. Appellants were sentenced as under:-
Convict Gurmit Singh
Under Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 5 (Five) years and to pay fine of Rs.5,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of 1 (one) year.
Under Section 467 of the Indian Penal Code
Rigorous Imprisonment of 7 (Seven) years and to pay fine of Rs.10,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of 2 (two) years.
Under Section 468 of the Indian Penal Code
Rigorous Imprisonment of 5 (Five) years and to pay fine of Rs.5,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of 1 (one) year.
Under Section 471 read with Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 2 (two) years and to pay fine of Rs.2,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of six months.
Convict Jaswant Singh
Under Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 5 (Five) years and to pay fine of Rs.5,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of 1 (one) year.
Under Section 471 read with Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 2 (two) years and to pay fine of Rs.2,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of six months.
Convict Dalwinder Singh
Under Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 5 (Five) years and to pay fine of Rs.5,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of 1 (one) year.
Under Section 471 read with Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 2 (two) years and to pay fine of Rs.2,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of six months.
Convict Shamsher Singh
Under Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 5 (Five) years and to pay fine of Rs.5,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of 1 (one) year.
Under Section 471 read with Section 120-B of the Indian Penal Code
Rigorous Imprisonment of 2 (two) years and to pay fine of Rs.2,000/-, in default of payment of fine, he will further undergo Rigorous Imprisonment for a period of six months.
3. All the sentences were directed to run concurrently. However, all the accused-appellants were acquitted of charge under Sections 13 (1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988.
4. Facts of the case are that on 20.8.1999 Deputy Superintendent of Police, Vigilance Bureau, Punjab, Ropar received a secret information which
