KRISHAN KUMAR KALIA Vs. STATE

JUDGEMENT

(1.) THE appellant was found guilty and was sentenced to 18 months' R.I. under Section 120-B read with Section 420 IPC. He was also sentenced to undergo 2-1/2 years R.I. under Section 120-B read with section 466 IPC. He was again sentenced four years R.I. under Section 120-B read with Section 471 IPC. The sentences on all the three counts were made concurrent. The order of sentence is dated 30.4.1976 and the aggrieved appellant has challenged the same by way of this appeal.

(2.) IT may be stated that the appellant came to be prosecuted for various offences along with one Dilbagh Rai Madhok and Chuni Lal Bajaj. One of these accused, Chuni Lal was discharged while Dilbagh Rai Madhok has been acquitted of all the charges including the charge of conspiracy. The investigation of the case against the appellant and his accomplice started in the year 1963 and the trial actually ended in 1976.

(3.) THE prosecution case further is that all these documents were forged in pursuance of a conspiracy by the accused and these were received in the office of Iron and Steel Controller, Calcutta on 21.6.1961 which in turn issued to M/s. Hargobind Engineering Corporation seeking information in of respect of income-tax verification certificate. In pursuance of that, letter dated 26th October, 1961 shown to be signed by one Hargobind as partner of the company was received. In this manner an import licence for stainless steel came to be issued on the basis of these forged documents in favour of this fake corporation. This licence was despatched with a covering letter on 8.1.1962 under registered cover from Calcutta and was delivered to the appellant by postman Arjun Singh, at the representation of the appellant that he was the Manager of the Company.