RAMLAL ATHYA Vs. STATE OF M P

JUDGEMENT

(1.) The applicant/accused, has filed this revision being aggrieved by the order dated 3.8.2011 passed by the Ist A.S.J. Sagar in S.T No.392/10 framing the charges against him for the offence of section 420 read with section 34, 467 read with 34 and 468 read with section 120-B of the IPC.

(2.) The facts giving rise to this revision in short are that on 13.6.08, at police out-post Shahpur, a letter signed by J.P.Sen,Chief Municipality Officer, Shahpur, was received contending that the State Govt. implemented a scheme named of "National Family Relief Fund" for the persons who are living below poverty line, according to which, on death of Karta of the family, Rs.10,000/-, is given to the successor of such Karta. On 21.11.07,one Smt Suhagrani had given the application in his office informing about death of, as alleged, her husband Chode Sour S/o Shabbu Sour and also for obtaining his death certificate stating that he died on 1.11.07. Such certificate was obtained by her under the wrong process. Subsequent to it, on dated 23.11.07, said Suhagrani filed another application contending that her husband Chode Sour, passed away on dated 1.11.07 whose name was stated in S.No.2446 in the list of persons under below poverty line. The prayer for giving the sum under the aforesaid scheme was also made. Said application was forwarded by C.M.O to Branch Assistant Ramlal Athya, the applicant herein for appropriate proceedings. Such application was filed in a prescribed form in which some of the information was filled by the Ward Member Prem Rani. After processing the application, the Branch Assistant produced such form before him, on which, he placed the same in the meeting of Municipality. In the meeting dated 28.12.07, in presence of said Member Premrani, such application was allowed. Pursuant to that, through cheque dated 31.1.08, Rs.10,000/- was given to said Suhagrani under the aforesaid scheme. After disbursement of such sum, the Commissioner ,Sagar division received a complaint from aforesaid Chode S/o Shabbu Sour. The same was sent by such authority for appropriate inquiry to CMO of Nagar Panchayat, Shahpur as well as to the SDO Sagar from whose office the matter was sent to the Naib Tehsildar, J.S.Patel to hold the inquiry in the matter. On making the inquiry, it has been revealed that above mentioned Chode Sour was still alive and with the assistance of official of Nagar Panchayat, said Suhagrani, by practicing fraud with personation obtained the fabricated death certificate and on that basis, the above mentioned sum of the Govt. Fund (scheme), was taken by her under wrong premises. In view of such inquiry report by passing the resolution No.4 dated 23.5.08 by the Nagar Panchayat the decision to get register the offence was taken. In the inquiry it was also revealed that Suhagrani is a wife of Dhaniram Sour, who is still alive. It was also revealed that subsequent to obtaining the aforesaid cheque, by supplying wrong information to the Bank, she opened the account and got the cheque encashed. On the aforesaid information, prima facie offence of section 420,467,468,409 read with section 34 were made out, on which, Crime No.0/08 was registered at Police outpost Shahpur and the same was sent to P.S. Sanodha for registration of regular crime where on dated 28.6.08, the offence was registered as Crime No.119/08. In the course of the investigation, various papers including the aforesaid death certificate of said Chode s/o Shabbu Sour, the application submitted by accused Suhagrani in the office of the Nagar Panchayat Shahpur, proceedings of CMO and the aforesaid inquiry report given by the Naib Tehsildar, were seized. The case diary statements of various witnesses including the aforesaid Chode and Shri Dhaniram, the actual husband of accused Suhagrani, were recorded. In investigation it was also revealed that the present applicant Ramlal Athya being branch Assistant working in the office of Nagar Panchayat Shahpur, was also involved with the accused Suhagrani in the criminal conspiracy and committed such offence. Pursuant to which the application for aforesaid scheme was processed and said accused had received the aforesaid sum of Rs.10,000/- by submitting the forged and fabricated document and also by practicing the fraud with personation. On completion of the investigation along with the aforesaid main accused Suhagrani, the applicant was also charge sheeted.

(3.) After committing the case to the Sessions Court on evaluation of the papers of the charge sheet on framing the charges of section 420/34,467/34 and 468/120- B of the IPC against the present applicant, he abjured the guilt and thereafter being aggrieved by such order has come forward to this court with this revision with a prayer to discharge him from said charges.