LAWS(ALL)-1987-12-45

RAM PRATAP SINGH Vs. AMAR NATH SINGH

Decided On December 04, 1987
RAM PRATAP SINGH Appellant
V/S
AMAR NATH SINGH Respondents

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 26/9/1983 passed by Mr. R.K. Gupta, the then XIth Additional Sessions Judge, Allahabad. The learned Judge affirmed the conviction of the applicant on a charge under section 471 of the I.P.C. and also confirmed the order placing the applicant on probation for a period of one year and to execute a personal bond for a sum of Rs. 1000/- and furnish two sureties in the like amount and keep good behaviour for a period of one year. This order was passed in Criminal Appeal No. 113 of 1983 and the judgment and order of the Magistrate were passed in Criminal Case No. 368 of 1978.

(2.) Very brief point is involved. The allegations of Amar Nath Singh complainant were that some of his fields were acquired by the government for establishment of a factory in the name of Indian Telephone Industry. At the time of the taking over of the land, the Government had directed that persons whose land was being acquired would be given service in the factory. On enquiry, the complainant learnt that some body else of the name of Ram Pratap Singh who is the present revisionist, has been given service in his place on the basis of certain forged application and the affidavit purporting to have been issued by Amar Nath, Singh. The Amar Nath Singh gave a notice to the Indian Telephone Industry and the information was confirmed. It came to the notice of Amar Nath that application and affidavit were given by the accused Ram Pratap Singh to the effect that in place of Amarnath, the service may be given to Ram Pratap Singh who is related to him as his sisters son.

(3.) Actually speaking, it is contended. Ram Pratap Singh is not related to Amar Nath in any way and that Amar Nath had signed neither the application nor the affidavit and these documents were forged and on the basis of the same, service was obtained by Ram Pratap Singh. These original documents were summoned from the Indian Telephone industry (for short it will be mentioned as I.T.T.) and were placed on the record.