RUKHMAJI CHAMPAKRAO BHISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, along with co-accused, was charged for having committed offence punishable under sections 467, 468, 471, 420 read with section 34 of the Indian Penal Code (in short "ipc"). The learned chief Judicial Magistrate, Nanded, by his order dated 30-11-1991 convicted the petitioner of the offence punishable under sections 417 and 471 of the Indian penal Code and sentenced to him to suffer SI for six months.

(2.) The matter was carried in appeal. The learned 4th Addl. Sessions Judge, nanded, partly allowed the appeal, maintaining the conviction and sentence for offence punishable under section 471, Indian Penal Code. This order is impugned in the present Revision.

(3.) Facts in nutshell are that there was a recruitment drive for filling 40 posts of Police Constables in the month of July, 1988. For this purpose, apart from publication of notice, Superintendent of Police, Nanded, invited list of eligible candidates from various Recruitment Agencies, including the Tribal development Department. The name of the petitioner, who is a tribal, was recommended. The petitioner appeared for interview along with documents on 18-7-1988 and produced certificates purported to be issued by the Saraswati vidyalaya, Gangakhed to show that he has passed VIII standard, which was the minimum required qualification. The petitioner came to be selected for the said post. In due course, the school certificate was referred to the Headmaster of the school for verification. By letters dated 6-8-1988 and 11-8-1988, Kondopant kulkarni (PW 2) , Headmaster of the School intimated that petitioner has never taken education in Saraswati Vidyalaya and that format of the certificate used for giving the school leaving certificate is not that of their School but it is format available in the market. He further stated that the said School Leaving Certificate is not issued by the said School. As a consequence on the directions of the superintendent of Police, Constable Vasant Vishnupurikar (PW 1) lodged a report against the petitioner and one another.