VINOD KUMAR Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 15.01.2004 and order on sentence dated 17.01.2004 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for a period of two years and fine of Rs.2,000/- under Section 420 IPC, in default of payment of fine to further undergo simple imprisonment for a period of six months; to undergo rigorous imprisonment for a period of one year under Section 419 IPC; to undergo rigorous imprisonment for a period of two years and fine of Rs.3,000/- under Section 468 IPC, in default to further undergo simple imprisonment for a period of six months; to undergo rigorous imprisonment for a period of one year under Section 471 IPC and upholding the same by the learned Additional Sessions Judge vide judgment dated 20.02.2007, the present revision petition has been filed by the petitioner. However, the learned Additional Sessions Judge modified the sentence by awarding three months' rigorous imprisonment and a fine of Rs. 5,000/- for the offence under Section 420 IPC and also three months' rigorous imprisonment and a fine of Rs.5,000/- for the offence under Section 471 IPC, in default to undergo simple imprisonment for one month.

(2.) Factual matrix, as emerges from the record, is that on 29.10.1992, a report was lodged by Inspector Pratap Singh (Security) posted at EBlock at PS Tuglak Road that arms and ammunitions used to be issued from E-Block Security to the police personnel for permanent/temporary use and were required to be deposited on the same day and the entry to be made in the Issue Register. It was alleged that on 30.08.1992, one pistol bearing No.3273, DP No. 181, AN was issued to Ct. Virender Kumar who was posted at the residence of Ms. Rekha Malhotra at 68, Lodhi Estate, New Delhi for temporary use, who did not deposit it on the same day. An inquiry was conducted and it was revealed that no constable as such was posted at E-Block Security Line. The information was given to senior officials who ordered for conducting an inquiry. On inquiry, it was found that the petitioner Vinod Kumar had given a Casual Leave application which was sanctioned on 14.10.1992 and the handwriting on the said application was verified with the request letter dated 30.08.1992, against which the pistol was issued. The petitioner was interrogated who disclosed that he had got issued the pistol and 6 live cartridges on 30.08.1992 at 7:30 a.m. for 68, Lodhi Estate in the name of Constable Virender Kumar by making false slip and signed on the Register. An FIR of the case was registered.

(3.) On completion of investigation, the accused persons were sent for trial for the offence under Sections 420/468/471/411/409 IPC read with Sections 25/54/59 of the Arms Act.