STATE OF MAHARASHTRA Vs. MADHAV MEGHAJI NIVAGE

JUDGEMENT

(1.) This is a State Appeal, challenging the judgment and order dtd. 17/4/2004 passed by learned 2nd Adhoc Additional Sessions Judge, Beed in Criminal Appeal No. 20 of 2003, arising out of the judgment and order dtd. 21/2/2003 passed by learned 5 th J.M.F.C., Beed in R.C.C. No. 418 of 1997.

(2.) Learned APP pointed out that charge was framed against present respondent-convict for commission of offence under Ss. 199, 200, 420, 468 and 471 of IPC on the premise that respondent- convict submitted forged and fabricated caste certificate for gaining employment as a Constable in Police Department. Subsequently, on complaint and inquiry it was revealed that, the very caste certificate tendered by the respondent-convict was forged. However, same was deliberately and dishonestly tendered to procure employment. Therefore, on report of the Superintendent working in the S.P. Office, Beed, complaint was lodged. Investigation was carried out and finally, the respondent-convict was chargesheeted vide R.C.C. No. 418 of 1997. That, after appreciating the oral and documentary evidence, learned J.M.F.C. was pleased to convict the respondent for offence under Ss. 468 and 471 of IPC and acquitted him from other charges.

(3.) Learned APP further pointed out that against said judgment and order of conviction, respondent-convict preferred appeal before learned 2nd Adhoc Additional Sessions Judge, Beed vide Criminal Appeal No. 20 of 2003. That, in the same, learned 2nd Adhoc Additional Sessions Judge was pleased to set aside the conviction under Sec. 468 IPC and only held respondent-accused guilty of offence under Sec. 471 IPC.