PALLA SUBBA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Sri K. Srinivas, learned counsel for the petitioner revisionist and Sri S. Venkata Sai, learned Special Assistant Public Prosecutor for the respondent/State.

(2.) The criminal revision under Ss. 397/401 of the Code of Criminal Procedure,1973,("Cr.P.C") has been filed challenging the judgment dtd. 29/11/2006, passed by the I Additional Sessions Judge, Guntur, in Criminal Appeal No.175 of 2005 Palla Subba Rao vs. State filed against the judgment dtd. 30/3/2005, passed by the II Additional Judicial Magistrate of the First Class, Bapatla, in C.C.No.172 of 2004 State vs. Palla Subba Rao.

(3.) The facts of the case are that on 21/5/2004 at about 10.00 a.m, the accused approached Bodepudi Balasekhar (L.W.2) in C.S.D Canteen, Air-force Station, Suryalanka, styled himself as G. Krishna Rao, Ex-Servicemen, and forged Discharge Book bearing No.Ex.7764248-N with Rank NB/Sub., Identity Card with District Code No.AP-10/1345 and Canteen Transfer Certificate said to have been issued by the Station Head-quarters, Secunderabad and requested to issue fresh Canteen Card. Bodepudi Balasekhar (L.W.2) Manager, Air Force Canteen, Suryalanka verified all the said documents and came to the conclusion that those documents are forged documents. The accused was produced before R.K Vashistha, Flight Leftnant, Station Security Officer (L.W.1). A case in Crime No.30 of 2004 under Ss. 419, 420 and 468 IPC was registered. The Sub Inspector of Police, visited the scene of offence, examined and recorded the statement of the witnesses. The Sub Inspector of Police addressed a letter to T. Tirupathireddy, Zilla Sainik Welfare Officer (L.W.4) regarding the genuineness of the documents who issued a reply in Lr.No.A.3/794/2004 dtd. 16/6/2004, and further that the District Code No.AP.10 belongs to Krishna District whereas the Code Number of Prakasam District is A.P.13. Investigation further revealed that no Ex.Servicemen by name G. Krishna Rao was enrolled in the unit of Prakasam District. After completion of the investigation, the Investigation Officer filed the charge sheet that the accused with a malafide intention personated himself as G. Krishna Rao, created and produced the forged documents before the Air Force Station authorities at Suryalanka cheating them to get fresh canteen card to avail facilities of the canteen.