2025:BHC-NAG:4959 (1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL REVISION APPLICATION NO.75 OF 2019

1) Baba s/o Parasram Shambharkar, Aged about 47 Years, Occupation : Principal Aniket College of Social Work, Wardha, R/o Sai-Vibhor Apartment, Flat No. V-10, Jagrut Nagar, Nari Road, Nagpur – 440026.

2) Narendra s/o Madhao Dandekar (Dead), through his legal heir, (2)(i) Smt. Madhuri Wd/o Narendra Dandekar, Aged about 50 Years, Occupation : Household, R/o Wahitpur, Post Sukali Station, Rah. Seloo, District Wardha. ..... APPLICANTS // VERSUS //

State of Maharashtra, Through Police Station Officer, Police Station, Sitabuldi, Nagpur. ....NON-APPLICANT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mr. Shashibhushan Wahane, Counsel for the applicants/accused Nos.2 and 3.

Mrs. M. A. Barabde, APP for the non-applicant/State.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

WITH CRIMINAL REVISION APPLICATION NO.78 OF 2019 Vandana D/o Laxmanrao Jumde, Aged 42 Years, Occupation : Household, R/o. Wadner, Tahsil : Hinganghat, District Wardha and also R/o. Talegaon, Taluka and District Wardha. ..... APPLICANT (2 // VERSUS //

State of Maharashtra, Through Police Station Officer, Police Station, Sitabuldi, Nagpur, District Nagpur. ....NON-APPLICANT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mr. R. M. Patwardhan, Counsel for the applicant/accused No.1.

Mrs. M. A. Barabde, APP for the non-applicant/State.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

CORAM : URMILA JOSHI-PHALKE, J.

RESERVED ON : 23.04.2025 PRONOUNCED ON : 08.05.2025

JUDGMENT :

1. By preferring these revision applications, the applicants/ accused No.2 namely Baba s/o Parasram Shambharkar and legal heirs of deceased accused No.3 Narendra s/o Madhao Dandekar namely, Smt. Madhuri Wd/o Narendra Dandekar in Criminal Revision Application No.75/2019 and Vandana D/o Laxmanrao Jumde applicant/accused No.1 in Criminal Revision Application No.78/2019 challenges the Judgment and order of conviction passed by the learned 2^nd Additional Chief Judicial Magistrate, Nagpur in Regular Criminal Case No.334/2002 dated 24.04.2007 and confirmed in Criminal Appeal No.98/2007 and 100/2007 dated

28.03.2019.

2. Brief facts of the prosecution case as emerges from the police papers and recorded evidence are as under:

The applicant Vandana D/o Laxmanrao Jumde was a student of Aniket College of Social Work, wherein Baba s/o Parasram (3 Shambharkar another applicant (original accused No.2) serving as a Principal and deceased Narendra s/o Madhao Dandekar was serving as a clerk. She appeared for the Summer Session Examination of 1998 of BSW Part – I and secured 05 marks in compulsory English subject and during the revaluation, she had secured average 10 marks in the subject of compulsory English and thus, she was failed. The applicant/accused Vandana D/o Laxmanrao Jumde converted the figure 10 into 18 in the mark-sheet and 10 into 30 in the notification and misappropriated the said mark-sheet and notification as genuine one and submitted the same along with the admission form of BSW Part – III and sought admission to the said course. She had filed mark-sheet of BSW Part – I with the examination form of BSW – III, wherein it was detected that she was failed in English subject and thus, she duped the Nagpur University and also committed the offence of cheating forgery and using forged document as a genuine one with criminal intent. It is alleged that she was sharing common intention with the other two applicants/accused namely, Baba s/o Parasram Shambharkar and deceased Narendra s/o Madhao Dandekar, who being the Principal and admission Clerk of the said Aniket College. The applicants/accused Nos.2 and 3 Baba s/o Parasram Shambharkar and deceased Narendra s/o Madhao Dandekar have accepted and approved the examination form of the accused Vandana an