SUKH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present batch of appeals arise out of three separate judgments of the High Court of Himachal Pradesh passed in Criminal Appeals No. 418 of 2007, 419 of 2007 and 420 of 2007 in and by which the High Court reversed the acquittal of the appellant and convicted him for the offences punishable under Sections 468 and 471 of the Indian Penal Code and imposed six months imprisonment.

(2.) Common facts arising out of these criminal appeals are as follows:- During the relevant point of time i.e. 1983-1986, there was a government scheme for providing loans at the cheaper interest rates to poor persons living below the poverty line to enable them to purchase sheeps, buffalos, horses and for running small businesses and for development of land etc. Upon recommendation of the Block Development Officer (BDO), the bank disbursed these loans to the beneficiaries. Appellant-Sukh Ram was a Gram Sewak, Navgaon under Arki Sub-Division during said period, 1983 to 1986.

(3.) It is the case of the prosecution that appellant-Sukh Ram, Gram Sewak, while submitting applications on behalf of the villagers for these loans, was involved in misappropriation of loan amounts by forging their signatures and thumb impressions on the applications and acknowledgement receipts. All three appeals have been heard together as the offences committed by the same accused persons appellant-Sukh Ram and others as also the modus operandi of committing the forgery and falsification of records being the same. Criminal Appeal No.224 of 2012 is taken as the lead case.