ORDER:

1. Heard Sri K. Srinivas, learned counsel for the petitioner revisionist and Sri S. Venkata Sai, learned Special Assistant Public Prosecutor for the respondent/State.

2. The criminal revision under Sections 397/401 of the Code of Criminal Procedure,1973,(“Cr.P.C”) has been filed challenging the judgment dated 29.11.2006, passed by the I Additional Sessions Judge, Guntur, in Criminal Appeal No.175 of 2005 Palla Subba Rao vs. State filed against the judgment dated 30.03.2005, passed by the II Additional Judicial Magistrate of the First Class, Bapatla, in C.C.No.172 of 2004 State vs. Palla Subba Rao.

3. The facts of the case are that on 21.05.2004 at about 10.00 a.m, the accused approached Bodepudi Balasekhar (L.W.2) in C.S.D Canteen, Air-force Station, Suryalanka, styled himself as G. Krishna Rao, Ex-Servicemen, and forged Discharge Book bearing No.Ex.7764248-N with Rank NB/Sub., Identity Card with District Code No.AP-10/1345 and Canteen Transfer Certificate said to have been issued by the Station Head-quarters, Secunderabad and requested to issue fresh Canteen Card. Bodepudi Balasekhar (L.W.2) Manager, Air Force Canteen, Suryalanka verified all the said documents and came to the conclusion that those documents are forged documents. The accused was produced before R.K Vashistha, Flight Leftnant, Station Security Officer (L.W.1). A case in Crime No.30 of 2004 under Sections 419, 420 and 468 IPC was registered. The Sub Inspector of Police, visited the scene of offence, examined and recorded the statement of the witnesses. The Sub Inspector of Police addressed a letter to T.

Tirupathireddy, Zilla Sainik Welfare Officer (L.W.4) regarding the genuineness of the documents who issued a reply in Lr.No.A.3/794/2004 dated 16.06.2004, and further that the District Code No.AP.10 belongs to Krishna District whereas the Code Number of Prakasam District is A.P.13. Investigation further revealed that no Ex.Servicemen by name G. Krishna Rao was enrolled in the unit of Prakasam District. After completion of the investigation, the Investigation Officer filed the charge sheet that the accused with a malafide intention personated himself as G. Krishna Rao, created and produced the forged documents before the Air Force Station authorities at Suryalanka cheating them to get fresh canteen card to avail facilities of the canteen.

4. The case was taken on file of the Judicial Magistrate under Sections 419, 420, 468 IPC against the accused. On appearance, copies of documents were furnished to the accused as required under Section 207 Cr.P.C. The accused was examined under Section 239 Cr.P.C. He denied the offence. After hearing and on consideration of the material, charges under Sections 419, 420 and 468 IPC were framed, read over and explained to the accused to which he pleaded not guilty and claimed for trial.

5. The prosecution in all examined P.Ws.1 to 4 and got marked Exs.P.1 to P.7 and M.Os.1 to 7. After closure of prosecution evidence, the accused was examined under Section 313 Cr.P.C. The accused did not adduce any evidence or marked any documents on his behalf.

6. The Judicial Magistrate vide judgment dated 30.03.2005 convicted the petitioner under Sections 419, 420 and 468 IPC and sentenced him to undergo R.I for one year each, and to pay fine of Rs.1000 each, and in default, to suffer S.I for 3 months each. The punishment was to run concurrently and the period undergone by the petitioner was set off.

7. The revisionst filed appeal in which the I Additional Sessions Judge, Guntur, vide judgment dated 29.11.2006 dismissed the appeal confirming the conviction for the offences under Sections 419 and 468 IPC, but the conviction under Section 420 IPC was set aside and instead, the appellant was convicted for the offence under Sections 420 read with 511 IPC. The sentence as imposed by the trial court was modified to the effect that the petitioner was to undergo R.I for a period of 6 months for each offence and to pay fine of Rs.1,000/- for each offen