G NAGESWARA RAO Vs. STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIFE INSURANCE CORPORATION PROSECUTOR, HIGH COURT

JUDGEMENT

(1.) On a charge-sheet filed against the petitioner herein in Crime No. 140 & 691 of 1988 of Nagarampalem police station alleging that he has committed the offences punishable under Sections 471 and 420 of the Indian Penal Code, the VI Additioanl District Munsif guntur convicted the petitioner for the offences under Sections 471 and 420 read with 511 of the Indian Penal Code and sentenced him to suffer simple imprisonment for two years under each of the two counts but however directed the sentences to run concurrently. Aggrieved by the same the petitioner preferred an appeal to the District and Sessions Judge Guntur. The District and Sessions Judge, Guntur confirmed the conviction of the accused but reduced the sentence of imprisonment from two years under each count to one year under each count and also directed the sentences to run concurrently. Yet aggrieved by the conviction and sentence imposed against him the accused perf erred this revision. The case of the prosecution is that upto the year 1971 the accused served in Military service and after his discharge he was employed in the State Bank of India Guntur on 14-9-71 as watchman. The date of birth that was entered in the service records of the accused basing on the discharge certificate issued by the military authorities is 10-2-1929. On 28-11-86 he filed a representation stating that his date of birth is 10-2-32, but not 10-2-29. As per the original entry he has to retire on 10-2-87.

(2.) On 28-11-86 a few months before his retirement the accused submitted an application along with his Transfer certificate. Ex.P-4 dated 30-6-59 alleged to have been issued by the Head Master of Kogantivari High School Kuchipudi, Tenali taluk showing his date of birth as 10-2-32 but not 10-2-29. After receipt of that representation from the accused, P.W.I. Branch Manager of the State Bank of India, Guntur forwarded the same along with the Transfer certificate to P.W. 4, an enquiry officer appointed to enquire into the genuineness or otherwise of the transfer certificate. After enquiry the Regional Officer of the State Bank of India found that Ex.P-4 transfer Certificate filed by the accused said to have been issued by the Head Master of the Kogantivari High School, is a forged one. Conseuqently the accused was dismissed from service on 25-5- 87 on the ground that he pressed into service a forged document and attempted to cheat the Bank with a view to gain three more years of service.

(3.) Later P.W.I reported the matter to the Police Station by sending Ex.P-1. Report and the police registered an FIR Ex.P-10 basing on Ex.P-1. After completing the investigation into the case the police filed the charge sheet.