MEHANGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has filed this petition to challenge the judgment dated 18.8.1988 passed by Additional Sessions Judge, Amritsar by which his appeal against the conviction and sentence recorded by the Judicial Magistrate Ist Class, Amritsar on 17.11.1987 was dismissed.

(2.) ACCORDING to the case of the prosecution, the petitioner while posted as Incharge Malkhana, Amritsar prepared T.A. Bill from 2.8.1984 to 27.9.1984 for attending the Court of Judicial Magistrate Ist Class, Tarn Taran and had appended the Court Attendance Certificates for 2.8.1984, 13.8.1984, 17.8.1984, 21.8.198, 18.9.1984, 20.9.1984, 24.9.1984 and 27.9.1984. An anonymous complaint was received by the Senior Superintendent of Police, Amritsar to the effect that the TA bill prepared by the petitioner was false. Before payment of the bill could be disbursed, Shri Jaidev Suman, DSP, Head Quarters was deputed to enquire into the matter. On inquiry, he found that the Court Attendance Certificates attached with the TA bill dated 11.8.1984, 17.8.1984 and 24.9.1984 were correct but those dated 2.8.1984, 18.9.1984, 20.9.1984, 21.9.1984 and 27.9.1984 were forged. The reports on these bills were also wrong and the cases in which the certificates were issued were not fixed on the dates on which the certificates were forged. These bills had been get prepared from Baldev Raj No. 1631 for submitting to the office of Senior Superintendent of Police and on the basis of this inquiry, a formal FIR was recorded. On completion of the investigation, the challan was put in court and on the basis of the allegations, charge under Sections 409, 467, 468 and 471 IPC were framed against the petitioner.

(3.) AFTER hearing the arguments, trial Court found him guilty under Sections 468 and 471 IPC and was sentenced to R.I. for a period of two years and to pay a fine of Rs. 500/- or in default thereof six months RI under each count. The appeal was dismissed. Hence the revision.