AMIT KUMAR SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 28.03.2013 passed by the learned Chief Judicial Magistrate, Tehri, District Tehri Garhwal in Criminal Case No.844 of 2007 "State Vs. Amit Kumar", whereby the revisionist has been convicted under Sections 420, 468 and 471 of IPC, has been sentenced to undergo five years of imprisonment with a fine of Rs.3,000/- (Rupees Three Thousand Only) under section 420 of IPC, to undergo four years of imprisonment with a fine of Rs.3,000/- (Rupees Three Thousand Only) under Section 468 of IPC, and to undergo four years of imprisonment with a fine of Rs.3,000/- (Rupees Three Thousand Only) under Section 471 of IPC, with default stipulation. Against the order dated 28.03.2013, the revisionist/accused filed an appeal before the Sessions Judge, Tehri Garhwal in Criminal Appeal No.13 of 2013, by which the conviction of the revisionist/accused under Sections 420, 471 and 468 of IPC is reduced to one year imprisonment, but the fine is upheld vide order dated 19.07.2013. Hence, the present criminal revision before this Court.

(2.) Prosecution story in brief is that PW-3 Bhagwat Sharan Azad lodged a report at Police Station New Tehri with the allegation that in District Tehri recruitment for the posts of Police Constable and PAC Constables were advertised by way of advertisement no.DG-Seven-31-2005 dated 21.01.2006, for recruiting 125 male Police Constable, 70 PAC and 14 female police constables. Against that advertisement appellant applied, he was qualified for the physical and written examination, subsequently he was selected for the appointment. After completion of his selection process, department asked from the candidates that an affidavit on the stamp of Rs.10/- attested by notary be submitted. It was informed that it must be filled up carefully, he submitted his affidavit and concealed the fact that a Case Crime No.192/2003 under Sections 452, 323, 406, 325 and 308 of IPC was registered against revisionist/accused at Kotwali Roorkee. The matter was investigated by Sri B.K. Juiyal, then Circle Officer and it was found that the revisionist concealed the registration of case against him.

(3.) After investigation, the Investigating Officer submitted the charge-sheet against the revisionist/accused under Sections 420, 468 and 471 of IPC before the court concerned.