KASHINATH DATTU KALBHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a Criminal Revision Application preferred by the petitioner (original accused) challenging the legality and correctness of the judgment and order of conviction passed by the learned Judicial Magistrate, First Class, Ahmednagar, on 30.6.1997, and also challenging the judgment and order dated 25.11.1999, rendered by III Additional Sessions Judge, Ahmednagar in Criminal Appeal No. 52 of 1997, confirming the said conviction and sentence awarded to the petitioner herein and prays that same may be quashed and set aside.

(2.) The factual matrix, which can be summarised, is as under.

(3.) During investigation, the police personnel seized the documents which were produced by the complainant under panchanama Exh. 113, as well as recorded statements of witnesses. It was revealed during the course of investigation that the documents viz. Secondary School Certificate, Mark Sheet and School Leaving Certificate produced by the petitioner were forged. Accordingly, after completion of investigation, charge sheet came to be filed against the petitioner and the case was numbered as R.T.C. No. 365 of 1993. The learned Judicial Magistrate, First Class, Ahmednagar conducted the said case and after recording the evidence of witnesses concluded that the petitioner/accused is guilty and convicted him or the offences punishable under Sections 468, 471 and 420 of the Indian Penal Code and sentenced him to suffer S.I. for six months under each count for the afore said offences and directed all the substantive sentences to run concurrently, and further directed to pay fine of Rs.500/- on each count and in default of payment of said fine to suffer S.I. For one month on each count.