Back
2018 Supreme(P&H) 1528
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
Headnote:- Forgery Subject: - Criminal Appeals ACT SECTION LIST - Indian Penal Code (IPC) Sections 467, 468, 471, 120-B and Prevention of Corruption Act, 1988 Sections 13(1)(d) read with Section 13(2) SUMMARY
Fact of the Case:
The case involved the forgery of an order for the partition of shamlat land and subsequent mutation entries and sale deeds executed by the accused.Finding of the Court:
The court acquitted certain officials as they merely acted on orders from their superiors without knowledge of the forgery. However, a private individual was convicted under Section 471 IPC for using the forged document as genuine.Issues:
Whether the accused were aware of the forgery and whether their actions constituted criminal conspiracy or use of forged documents.Ratio Decidendi:
The court held that mere possession and use of a forged document can lead to conviction under Section 471 IPC even if direct involvement in forgery is not proven.Final Decision:
Acquittal of certain officials due to lack of knowledge about the forgery; partial acquittal and maintenance of conviction for using a forged document against a private individual.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 was recorded in FIR Ex.PW19/A, in which it was recorded that from the reliable sources, the police has come to know that Sh.Darshan Singh, Naib Tehsildar, Jaswant Singh, Halqa Patwari, Shingara Singh, Patwari, P.S.Sodhi, District Revenue Officer and Ranjit Singh, Clerk, office of Additional Director (Consolidation), District Ropar, are involved in the crime. It is alleged that the suspects have transferred
