A S KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal presents a strange scenario where the accusation is that appellant No. 2, a doctor doctored documents so that his son-appellant No. 1 would get admission to a medical college and become a doctor. Allegations were to the effect that they manipulated mark sheets and on the basis of forged mark sheets he got admission which otherwise would not have been available to him. The mark sheets related to the two pre-degree examinations of the Kerala University conducted in 1978-79 and 1979-80, for two years i.e. 1st and IInd Year respectively. They faced trial with two others. For the sake of convenience they are described as A-1 and A-2 and the other two who were acquitted as A-3 and A-4.

(2.) Prosecution version as unfolded during trial is essentially as follows :

(3.) Information was lodged with the police. Investigation was undertaken and on completion thereof charge-sheet was filed indicating commission of offence punishable under Sections 120-B, 466, 468 and 471 of the Indian Penal Code, 1860 (in short the 'IPC') read with Section 34, IPC. The case was tried by the Special Court for trial of Mark List Cases, Trivandrum. Sixty-three witnesses were examined and 65 documents were marked. The accused persons pleaded innocence, examined one person as DW-1 and exhibited documents. The trial Court found that the accusations were established so far as A-3 and A-4 were concerned. It held the appellants A-1 and A-2 guilty of offences punishable under Sections 471, 420, 120-B and 201 read with Section 34, IPC and sentenced to suffer imprisonment for one year and two years for the offence under Sections 471 and 420 respectively and six months each for the charge under Sections 120-B and 201 read with Section 34, IPC. The accused-appellants were acquitted of the charges of the offence under Sections 467 and 468, IPC. By the impugned judgment the High Court found that the conviction was in order so far as the offence relatable to Sections 471, 420 read with Section 34 were concerned, but set aside the conviction for the offences punishable under Sections 120-B and 201, IPC. Custodial sentence was reduced to three months each for the offences punishable under Sections 471 and 420 read with Section 34, IPC.