IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-1590-2016 (O&M)

Date of Decision:-06.04.2022

GAJJAN SINGH

… Petitioner

Versus

STATE OF PUNJAB

... Respondent

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:-

Mr. Bhajan Singh Sodhi, Advocate

for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

*****

KARAMJIT SINGH

, J. (Oral)

Instant revision petition is directed against the judgment dated

15.3.2016, passed by Additional Sessions Judge, Sri Muktsar Sahib, who

dismissed the appeal filed by the appellant against judgment of conviction

and order of sentence dated 9.3.2015 passed by Judicial Magistrate Ist Class,

Gidderbaha, in which he was sentenced as under:-

Offence

Sentence

Under Section 420 IPC

To undergo RI for 2 years and

payment of Rs.1,000/- as fine. In

default of payment of fine, further

undergo RI for 1 month.

Under Section 467 IPC

To undergo RI for 2 years and

payment of Rs.1,000/- as fine. In

PUNEET CHAWLA

2022.04.20 13:16

I attest to the accuracy and

authenticity of this document

( 2 )

CRR-1590-2016 (O&M)

default of payment of fine, further

undergo RI for 1 month.

Under Section 468 IPC

To undergo RI for 2 years and

payment of Rs.1,000/- as fine. In

default of payment of fine, further

undergo RI for 1 month.

Under Section 471 IPC

To undergo RI for 2 years and

payment of Rs.1,000/- as fine. In

default of payment of fine, further

undergo RI for 1 month.

All the sentences were ordered to run concurrently.

As per the case set up by the prosecution, the petitioner got job

in the Punjab Water Supply Department on compassionate ground by

preparing and producing forged matriculation certificate, which was used by

the petitioner as a genuine document and thus, he cheated the Department.

Consequently, FIR No.81 dated 22.07.2010 under Sections 420, 467, 468,

471 of IPC was registered in Police Station Gidderbaha.

In order substantiate the allegations, the prosecution examined

ASI Mukhtiar Singh as PW1, Major Singh Superintendent as PW2, SI

Bachan Singh (retired) as PW3, Rakesh Kumar Garg, Executive Engineer as

PW4, Bagwant Singh, S.E., as PW5, Sukhjeet Singh, Clerk as PW6, Shankar

Dass, retired Superintendent, PSEB Mohali as PW7.

After close of prosecution evidence, the petitioner was

examined under Section 313 Cr.P.C. He pleaded false implication and

innocence but had not led any evidence in his defence.

PUNEET CHAWLA

2022.04.20 13:16

I attest to the accuracy and

authenticity of this document

( 3 )

CRR-1590-2016 (O&M)

After hearing the Assistant P.P. for the State and the defence

counsel, the trial Court convicted and sentenced the petitioner as detailed

hereinabove.

The appeal filed by the petitioner against the aforesaid judgment

and order of the trial Court was also dismissed.

Being not satisfied, the petitioner has filed the present revision

petition.

The counsel for the petitioner contended that the prosecution

has miserably failed to prove that the matriculation certificate produced by

the petitioner was fake. The counsel further contended that even otherwise

the petitioner has already suffered a lot as he has been dismissed from

service, so prayer is made that the petitioner be sentenced to the period

already undergone by him.

On the other hand, the State Counsel submitted that the

evidence led by the prosecution clearly establishes that the certificate

produced by the petitioner was fake. The counsel further contended that the

trial Court rightly convicted and sentenced the petitioner. That even, the

Appellate Court also reappraised the entire evidence and rightly dismissed

the appeal filed by the petitioner.

I have considered the submissions made by both the counsel.

The matriculation certificate in question, which was produced

by the petitioner while seeking employment on compassionate ground was

stated to be issued by the Punjab School Education Board. The official of the

said Education Board appeared in the wit