BALWANT SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Sri S.S. Yadav for the revisionist and Sri H.C. Pandey, A.G.A. for the respondent.

(2.) PRESENT revision has been preferred against the judgment and order dated 28.5.2001 passed by the Sessions Judge, Chamoli in Criminal Appeal No. 8 of 1997 and judgment and order dated 5.3.1997 passed by the Chief Judicial Magistrate, Chamoli in criminal Case No. 791 of 1993, convicting the revisionist under sections 420, 468 and 471 I.P.C. and sentencing him to undergo imprisonment for one year under section 420 I.P.C. and to pay a fine of Rs. 2,000/ -, to undergo imprisonment for one year and to pay a fine of Rs. 2,000/ - under section 468 I.P.C., to undergo imprisonment of one year and to pay a fine of Rs. 2,000/ - under section 471 I.P.C. In default of payment of fine the accused was further sentence to undergo simple imprisonment of six months. All the sentences were directed to run concurrently.

(3.) BRIEFLY stated the facts giving rise to the present case are that Jagdish Singh Kandari, Janaki Prasad, Sri Krishna Semwal Dr. Ramesh Dutt Dobhal, Prabhat Kumar Pandey and Aswini Kumar gave an application to the Chief Minister of Uttar Pradesh, stating therein that the accused has submitted false certificate of experience and have obtained appointment on the post of Teacher. An inquiry in the matter was made by District Inspector of Schools, Allahabad, who submitted his report Ex. ka -7 on record. On the order of Deputy Director of Education, F.I.R. was lodged against the accused, which is Ex. ka -9 on the record. The case was investigated by S.I. Omveer Singh, who visited Shivaji Intermediate College, Sahsaun, Allahabad. Sri Gulab Prasad Yadav, Principal of the College denied to have issued any experience certificate to the accused. He issued another certificate dated 3.3.93 (Ex. ka -8) to the Investigating Officer in which he denied that the accused ever worked as a teacher in his college or he issued any certificate to him.