DHARAM PAL Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) This judgment shall dispose of two petitions; CRR No. 1395 of 2005 filed by Dharam Pal and CRR No. 1396 of 2005 filed by Sarabjit Singh and Daljit Kumar as both have arisen out of the same judgment.

(2.) The present case involves a big scandal with regard to issuance of false matriculation certificates, which was unearthed by the police of Police Station Central, Chandigarh, whereby, a charge report was submitted against eight accused, out of whom, Rakesh Kumar, Suresh Kumar and Balwan Singh were declared as proclaimed offenders and the remaining five were tried for the offences under Sections 420,465, 471 and 120-B of the Indian Penal Code 1860 and vide judgment dated 28.2.2000, accused Dharam Pal, Sarabjit Singh, Shamsher Singh, Arvind Kumar and Daljit Kumar were convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 300/-, each, under Section 474 IPC and to undergo further rigorous imprisonment for three itidfitns and to pay fine of Rs. 200/-, each, under Section 120-B IPC. However, in the respective appeals by the accused, the sentence of four accused, except Shamsher Singh was reduced to nine months under Section 474 IPC, while the appeal of accused Shamsher Singh was dismissed in toto.

(3.) Factual matrix of the case is that on 27.11.1986, Inspector Surjit Singh, Sub-Inspector Amarjit Singh and other police officials were present near DAV College Sector-10, Chandigrh in Government vehicle, then they received a secret information that Sarabjit Singh - accused r/o Mandi Dab-wali was issuing forged certificates of the Board of School Education Haryana to many students, out of whom Rakesh Kumar had taken admission in class XI in DAV College, Sector-10, Chandigarh on the basis of that certificate. Sirtiilarly, accused Dharam Pal was studying in Swami Vivekanand College by taking admission on the basis of a forged certificate as issued by Sarabjit Singh. On the basis of this information, a ruqa was sent to the Police Station. Consequently, case was registered against the accused. On 27.11.1986, the police party comprising of the aforesaid officials raided House No. 39, Sector-15-A, Chandigarh and found Rakesh Kumar (since proclaimed offender) there, He was arrested. On 1.12.1986, Dharam Pal was arrested and from his custody a matriculation certificate was recovered. The accused Sarabjit Singh was also arrested on the same day and a matriculation certificate, purported to have been issued to Baje Singh was recovered from his custody. On 2.12.1986, accused Suresh Kumar (since proclaimed offender) was arrested at the instance of Sarabjit Singh and twenty blank matriculation certificates of Board of School Education, Haryana were recovered from him. On 3.12.1986, the accused Shamsher Singh was arrested from Jind and 32 certificates of Board of School Education Haryana were recovered from him. On the same day, accused Balwan Singh was arrested from village Kachrana, Jind and a block used for printing the certificates was recovered from him. The block as well as the certificates were sealed. Accused Arvind Kumar was arrested from village Shamli, district Muzaffarnagar (UP) and from his possession, 240 blank certificates, block and a printing machine were recovered. All the blocks and certificates, so recovered, were taken into possession and were sent to Forensic Science Laboratory, Chandigarh in order to know as to whether the certificates had been printed with the help of blocks recovered during investigation. On completion of the investigation, the accused were challenged and charged under Sections 420, 467, 468, 471 and 120-B IPC, to which they pleaded not guilty and claimed trial.