MOHAN LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant u/s 374 of Cr.P.C being aggrieved by the judgment dated 31/12/09 passed by Additional Judge to the Court of Additional Sessions Judge, Mauganj District Rewa in S.T. No. 219/08 whereby being convicted u/s 420, 467, 468, 471 of IPC, he has been sentenced to undergo RI for 3 years & fine of Rs. 1000/ - each on four counts with default stipulations.

(2.) THE facts giving rise to this appeal, in short, are that appellant has been appointed on the post of driver in the year 1985 in M.P. Power Generating Company Ltd. Silpara (hereinafter shall be referred as 'the company'). One complaint was received by employer against the appellant as to the effect that appellant entered into the service on the basis of forged marksheet of 8th Class. The similar complaint was made by Ram Naresh (PW -7) brother of appellant. On receiving the aforesaid complaint R.K. Pandey (PW -1), Officer of the company had issued a show cause notice to appellant on which appellant filed a second copy of marksheet on 26/07/02 however, the material difference was found in the marksheet attached to the service book of appellant and the second copy of marksheet produced by appellant on 26/07/02. Thereafter, again a show cause notice has been issued to the appellant for his explanation and in reply, he stated that false and fabricated marksheet found in his service record, same was not filed by him. Further he pleaded ignorance that when and who attached aforesaid marksheet in his service record. Side by side, Ramnaresh (PW -7), brother of appellant has filed the repeat complaints (Exhibit P -24, 25, 26) to the police. Police has registered the offence against the appellant u/s 420, 467, 468, 471 of IPC against the appellant. After due investigation, appellant has been charge sheeted before the JMFC, who in turn committed the case to the Court of Sessions. Additional Sessions Judge framed the charge u/ s 420, 467, 468, 471 of IPC against the appellant.

(3.) ON appreciation of evidence trial Court recorded the conviction and sentence as mentioned hereinabove. Hence, this appeal.