RAM NARAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellant in this appeal by a special leave was a Head Constable of Police who was posted as an accountant in the National volunteer corps office in Ferozpore District. On 7-2-1950 he withdrew from the Treasury a sum of Rs. 11,579-8-0 on the strength of a contingent voucher being a subsistence allowance bill for the month of February. 1950, purporting to be signed by Rao Sahib Chowdhury Bhim Singh, Senior Superintendent of Police, Ferozepore. These signatures of Rao Sahib Chowdhury Bhim Singh were alleged to be forged and the Appellant was charged that he on or about 7-2-1950 fraudulently and dishonestly used as genuine a forged document, viz., subsistence allowance bill for the month of February, 1950 which he knew or had reasons to believe at the time he used it to be a forged document and thereby committed an offence punishable under S. 467 read with 471, Penal Code.

(2.) The Additional District Magistrate, Ferozepore, who tried the case negatived the contention of the Appellant that sanction of the State Government was necessary for his prosecution under S. 5(2), East Punjab National Volunteer Corps Act, 1947. The Magistrate found on the evidence that the signatures of Rao Sahib Chowdhury Bhim Singh appearing on the bill were forged and that the Appellant was guilty of the offence with which he was charged. He therefore convicted the appellant of the offence and sentenced him to 4 1/2 years' rigorous imprisonment. An appeal was filed by the Appellant to the Punjab High Court against his conviction and sentence. Mr. Justice Soni who beard the appeal also negatived the contention in regard to the sanction and confirmed this conviction. In regard to the sentence however the learned Judge considered the sentence of 4 1/2 years' rigorous imprisonment imposed upon the appellant as inadequate and thought that a sentence of fine should also have been imposed upon the Appellant. He therefore gave a verbal notice to the counsel for the Appellant to show cause why a sentence of fine should not also have been imposed upon the Appellant and after hearing the counsel for the Appellant the next day imposed upon him in addition a fine of Rs. 11,579-8-0 or in default of payment of fine further rigorous imprisonment of a year and a half. This appeal by special leave is directed against that judgment and order of the Punjab High Court.

(3.) The contention in regard to the sanction of the State Government under S. 5(2), East Punjab National Volunteer Corps Act, 1947 was again raised before us by the learned counsel for the Appellant. On a perusal of the rules framed by the State Government under S. 8 of the Act however the learned counsel did not press this contention and nothing more need be said in regard to the same. We are of the opinion that the finding in that behalf arrived at by the learned Additional District Magistrate who tried the case was correct and the Appellant was lawfully prosecuted for the offence with which he had been charged.