GUNAGANTI HANMANDLU Vs. STATE OF A P

JUDGEMENT

(1.) CRL .RC.No. 1148 of 2004 is filed by A-1 in CC.No. 727 of 1996 on the file of the Court of Additional Judicial Magistrate of First Class, Nizamabad. Whereas Crl.RC.No. 1149 of 2004 is filed by A-3 in the very same case.

(2.) THE learned Additional Judicial Magistrate of First Class, Nizamabad, convicted A-1 and A-3 for the offences under Sections 468, 471, 260 IPC and sentenced them to undergo Rigorous Imprisonment for one year each under each count and to pay a fine of Rs.1000/- each and acquitted A-2 of all the offences. By the common judgment dated 05-7-2004, the II-Additional Sessions Judge (Fast Track Court) Nizamabad, modified the conviction and sentence passed by the learned trial Court.

(3.) BRIEFLY stated, the prosecution version is as follows : A-1 is the owner of the Tourist bus bearing Registration No.AP-25-T-1334, A-2 is its driver and A-3 is an Assistant-cum-Agent in the Office R.T.A., Nizamabad. A-l applied for special permit on 20-05-1996 for plying the bus from Nizamabad via Degloor, Rajara, Hyderabad, Srisailam and Mahanandi and return journey via Kurnool, Hyderabad and Nizxamabad. Considering his application, permit bearing No. 1410/96 was granted for three days i.e., 21-5-1996 to 23-5-1996. It was alleged that A-1 with a mala fide intention to cheat the authorities approached A-3 and paid him an amount of Rs. 200/- for preparing a forged permit, making it to appear that it is from 21-5-1996 to 27-5-1996. Accordingly, A-3 prepared forged permit with the help of counterfeit stamps of RTA and by forging the signatures of concerned authorities and handed over the same to A-1. According to the prosecution, A-2, who was the driver having knowledge about the forged permit performed the journey from Nizamabad to Tirupati and caught hold of by PW-6, the Assistant Motor Vehicle Inspector, who seized the concerned documents along with the alleged forged permit. He lodged a report before the Station House Officer, Renigunta Police Station, who subsequently transferred the case to Ill-Town Police Station, Nizamabad on the point of jurisdiction.