OM PAL Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) Tersely, the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, one Om Pal son of Makru Ram was selected as a Sweeper in the year 1987, through Employment Exchange in the office of Health Department. It was claimed that although the name of petitioner-convict Om Pal son of Nakli Ram was never registered in the Employment Exchange, but he managed to secure the job in place of Om Pal son of Makru Ram, in connivance with the officials of Employment Exchange and Health Department. In the background of these allegations and in the wake of enquiry, a criminal case was registered against the petitioner-convict, by virtue of FIR No.1 dated 21.2.1990, on accusation of having committed the offences punishable under sections 420, 468 and 471 IPC by the police of Police Station Vigilance, Chandigarh.

(2.) Having completed all the codal formalities and taking into consideration the evidence on record, the petitioner-convict was convicted & sentenced to undergo rigorous imprisonment for a period of three years each, to pay a fine of Rs. 1000/- each and in default of payment of fine, to undergo further RI for a period of four days each, under sections 420, 468 and 471 IPC. However, all the substantive sentences were ordered to run concurrently by the Trial Court, by way of impugned judgment of conviction & order of sentence dated 10.3.2007.

(3.) Aggrieved thereby, the appeal filed by the petitioner-convict was partly accepted and the conviction & sentence under section 468 IPC were set aside. However, the conviction & sentence u/ss 420 and 471 IPC were maintained by the appellate Court, by means of impugned judgment dated 19.12.2011.