LAWS(P&H)-2013-8-371

STATE OF PUNJAB Vs. BALDEV SINGH ASI

Decided On August 02, 2013
STATE OF PUNJAB Appellant
V/S
Baldev Singh Asi Respondents

JUDGEMENT

(1.) THE crux of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that ASI Baldev Singh (retired) respondent -accused (for brevity "the accused") was recruited on 10.12.1973 as a Constable in Punjab Police after completing all the formalities, medical examination and character verification. On 30.6.1995, SP Jagraon (PW 6) received an anonymous complaint to the effect that the accused had submitted a false school leaving certificate (Ex. PW 3/1) issued by the Gram Panchayat High School, Bhorchhi Rajputan at the time of his recruitment. As per the said certificate, he was shown to be remained admitted in 10th class from 5.4.1972 to 9.4.1972. On verification, this certificate was found to be fake. The SP, Jagraon prepared the report dated 19.1.1996 (Ex. PW 6/B) of SSP Jagraon in this respect. Leveling a variety of allegations, in all, according to the prosecution that the accused had submitted a false indicated certificate at the time of his recruitment and even the subsequent certificate furnished by him to SSP was found to be false. In the background of these allegations and in the wake of complaint (Ex. PA), the present criminal case was registered against the accused, vide FIR No. 14 dated 12.2.1996, on accusation of having committed the offences punishable u/ss 420, 468 and 471 IPC by the police of Police Station Kotwali, Ludhiana in the manner depicted here -in -above.

(2.) AFTER completion of the investigation, the final police report (challan) was submitted by the police against the accused to face the trial for the pointed offences.

(3.) THE prosecution, in order to substantiate the charges framed against the accused, examined PW 1 Headmaster Kulwinder Singh of Gram Panchayat High School, Bhorchhi Rajputan, who has stated, on the basis of record, that the accused was never admitted in his school in the year 1972 nor there is any entry to that effect in the record. PW 2 Sant Singh, Superintendent from the office of DIG, Ludhiana, has deposed that an anonymous complaint was received against the accused. As per inquiry, the present case was registered against him on the basis of complaint/report (Ex. PA) of SSP Ludhiana.