MANIKRAJ DEVRAJ MOHARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31-10-1990, passed by the learned Addl. Sessions Judge, Pune, in Sessions Case No. 594 of 1988, whereby, the appellant-accused has been convicted for the offences punishable under sections 420 and 468 of I. P. C.

(2.) THE prosecution case in brief is that, the appellant alongwith other two accused had been chargesheeted for offences punishable under sections 255, 260, 261, 268 and 420 r/w. 34 I. P. C. It is alleged that in between January 1988 to 12th August, 1988, at Pune, all the accused counterfeited certain stamps issued by the Government for the purpose of revenue and used the said stamps as a genuine counterfeit with intent to cause loss to the Government and during the said period, they forged certain documents i. e. appointment orders under the signature of Police Superintendent, Shivajinagar, Pune City Police Office, Pune and also the letters of interview call issued by the Employment Exchange office of sub-region, Pune intending that the same shall be used for the purpose of cheating and by such act to issue calls to the persons viz. Vithal Krishna Margaje, Shamrao Gulabrao Shinde and other 16 persons dishonestly induced each of them to deliver money to them to the extent of Rs. 10,000/- each.

(3.) THAT, at Pune, the police force is divided into two sections i. e. for Corporation area and another for Rural area. The Commissioner of Police is a Head of Police force for Corporation and the Superintendent of Police is the Head of Police Force for the Rural area. The Commissioner of Police and Superintendent of Police are the appointing authorities of Police Constables for the said respective areas. It is submitted that the Dy. Commissioner of Police Shri Bhal received a xerox copy of the appointment order of one Hanumant Krishna Margaje as a Constable in City Police area. On receiving the said copy, he suspected that a gang of some persons is going to issue such false orders to some persons and obtaining money from them. He, therefore, brought this fact to the notice of his higher officers and entrusted the investigation to Assistant Commissioner of Police Shri Thakur. The Assistant Commissioner of Police Shri Thakur then asked P. S. I. Pratap Shankar Randive to make enquiry in the matter. Thereafter, he registered a case of cheating and investigated the said offence. P. S. I. Shri Randive visited the house of the appellant-accused No. 1 located at Dehu Road and took search of his house in the presence of panchas. During the search, they found three rubber stamps of the Office of the Police Commissioner and Superintendent of Police, Pune, ink pad and another rubber stamp of clerk of Superintendent of Police, Pune. They have also found some blank copies of order of recruitment for the post of police constables, identity cards of some persons, xerox copies of call of interview issued by Employment Exchange Office, some postal stamps and some envelopes etc. and all these documents attached in the presence of panchas after drawing the panchanama (Exh. 12 ). It reveals from the record that at that time, the appellant-accused was in the house and after seizing of the documents, he brought to the police station. On the next day, he was taken to his another residence at Ganesh Peth. During the search at Ganesh Peth house, a cash for an amount of Rs. 2,000/- was found. On 12-8-1988, one Hanumant Krishna Margaje came to the police station and lodged his complaint (Exh. 25) against the accused persons. On the basis of the said complaint, C. R. No. 276 of 1988 was registered and the investigation was carried out by P. S. I. Randive.