DILIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule was issued on 4.12.2000 with interim relief in terms of prayer clause (d). In R.C.C. No. 81/1982, by judgment and order dated 22.7.1991, learned Judicial Magistrate, First Class, Udgir convicted the petitioner (original accused No. 2) Dilip Ganpat Gaikwad for offence under Section 465 of the Indian Penal Code and sentenced him to fine of Rs. 300/-, in default of payment of fine, to undergo S.I. for 45 days. For offence under Section 466 of the Indian Penal Code, he was convicted and sentenced to suffer R.I. for one month and to pay fine of Rs. 200/-, in default of payment of fine, to undergo S.I. for 30 days. Said judgment was questioned in Criminal Appeal No. 33/1991. However, on 22.7.1991, the appeal was dismissed by learned Additional Sessions Judge, Latur.

(2.) The prosecution case, in short is, the Deputy Collector at Udgir had received report from Principal, Government Polytechnic College, Nasik, doubting certificate presented by original accused No. 1 Basavraj Sangramappa Thonte, Resident of Wadhona, Taluka Udgir, showing his caste to be Lingdhar. The caste certificate was not allegedly signed by Tahsildar, thereby said accused Basavraj has cheated the Government. It revealed in the enquiry, bogus and false certificate was prepared by accused No. 2/appellant. Offence vide Crime No. 114/1981 under Section 468 read with Section 34 of the Indian Penal Code was registered. Police seized incriminating article (seals and stamps), caste certificate (tainted - Exhibit 92) was taken charge.

(3.) Charge was explained by learned Magistrate below Exhibit 45. The petitioner pleaded his ignorance. However, subsequent to the evidence, in his statement under Section 313 of the Criminal Procedure Code, the petitioner accepted that tainted caste certificate was scribed by him.