N.K. NARSIMHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this revision petition filed under Section 397 read with 401 of Cr.P.C, the petitioner has questioned the legality and correctness of the concurrent judgment of the Courts below wherein he has been convicted for the offence punishable under Sections 420, 465, 471 of I.P.C and sentenced to undergo simple imprisonment for two years and to pay fine of L 1,000/- for the offence punishable under Section 420 I.P.C to undergo simple imprisonment for 6 months and to pay fine of L 1,000/- for the offence punishable under Section 465 I.P.C and further to to undergo simple imprisonment for 6 months and to pay fine of L 1,000/- for the offence punishable under Section 471 I.P.C.

(2.) The case of the prosecution in brief is as under: On 31.3.1999 the petitioner-accused pursuant to the notification calling for application to the post of Primary School Teacher in the State of Karnataka, applied for the said post by forging a document to show as if he studied S.S.L.C. in Burudugunte High School falling within rural category though he had studied in Mahatma Gandhi High School in Chintamani by altering the school code number and also the seal of the School in the SSLC Marks Card and on that basis, he obtained appointment as Primary School Teacher under rural category. Later on the complaint received from public in respect of the illegalities committed by various applicants, enquiry was held and the SSLC certificates produced by the candidates were verified with the original records in the Karnataka Secondary Education Examination Board and found that the petitioner accused had not studied in Burudugunte High School at any point of time and that he had studied Mahatma Gandhi High School, Chintamani. Immediately P.W. 1 - Munishamappa, Deputy Director. Public Instructions, Kolar filed complaint as per Ex. P-1 (a) in respect of 12 candidates based on which the case came to by registered and investigation was taken up. After investigation, different charge sheets came to be filed against those 12 persons named in the original complaint. The case against this petitioner was registered as C.C. No. 166/2002 on the file of the Principal Civil Judge (Sr. Dn.) and CJM. Kolar.

(3.) The petitioner pleaded not guilty for the charges levelled against hirr and claimed to be tried. To bring home the guilt of the accused persons, the prosecution examined P.Ws.1 to 17 and got marked Exs. P-1 to P-22. The defence of the accused was one of total denial and that of false implication. The learned Sessions Judge after hearing both sides and after assessment of oral as well as documentary evidence. by the judgment and order dated 10.4.2008 held the petitioner guilty of the charges levelled against him holding that the prosecution has proved the guilt of the accused for the charges levelled against him. Accordingly, the petitioner was convicted for those charges. After hearing the accused, he was sentenced to undergo imprisonment as noted supra. Aggrieved by the said judgment of conviction and order of sentence, the petitioner filed appeal before the learned Principal Sessions Judge, Kolar in. Cri. A. No. 29/08.