INDRA PRATAP TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) The present three appeals under Sec. 374(2) Cr.P.C. have been instituted against the common judgement and order dtd. 18/10/2021 passed by the learned Special Judge (MP/MLA)/Additional Sessions Judge, Court No.3, Faizabad in Special Case No.3012 of 2018 (State Vs. Phool Chandra Yadav and others), arising out of Case Crime No.24 of 1992, Police Station Ram Janam Bhumi, District Faizabad, whereby the learned trial court has convicted and sentenced the accused-appellants as under:-

(2.) The prosecution case, in brief, is that the Principal of K.S. Saket Postgraduate College, Faizabad, Sri Yaduvansh Ram Tripathi gave a complaint to the Senior Superintendent of Police, Faizabad on 16/2/1992 alleging that in his previous letter dtd. 14/2/1992 in respect of the accused-appellants, he informed that they had taken admission on the basis of the forged mark-sheets. It was alleged that accused-appellant Phool Chandra Yadav S/o Tilakdhari Yadav had failed in B.Sc Part-I examination in 1986 having Roll No.60999 and despite writing back papers, he could not clear the examination of the B.Sc Part-I and, therefore, he was not eligible to take admission in B.Sc Part-II, but by forging the mark-sheet and fabricating the documents in criminal conspiracy, he had obtained a forged mark-sheet of clearing B.Sc Part-I. Copy of the result of back paper of 1986 examination, of which the accused Phool Chandra Yadav had fabricated his marks to declare himself passed, was also annexed with the letter. On the basis of this forged and fabricated mark-sheet, he got admission in B.Sc Part-II for the academic session 1986-87, and the then Principal of the College had approved the admission form of the said accused-appellant. A copy of the admission form verified by the then Principal of the College was also attached with the said letter.

(3.) Accused-appellant, Indra Pratap Tiwari had appeared in B.Sc Part-II examination in the year 1990 as ex-student with Roll No.4263. He failed in the said examination. Despite having got failed in B.SC Part-II examination, the accused-appellant, Indra Pratap Tiwari submitted a forged mark-sheet allegedly issued by the University dtd. 8/12/1990 and took admission in B.Sc Part-III for the academic session 1990-91. Copy of the said forged mark-sheet was annexed with the letter. He was given a show cause notice by the College, but no reply was given to the said notice and, thereafter, his admission in B.Sc Part-III was cancelled and his election to the post of Secretary of the student union was also declared as illegal. Copy of the said order of cancelling admission in B.Sc Part-III and his election to the post of Secretary of the student union of accused-appellant, Indra Pratap Tiwari was also annexed with the letter of the Principal of the College.