SANTOKH SINGH ALIAS SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SANTOKH Singh @ Sukha has directed the present revision petition against the judgment dated 24.08.2012 passed by learned Additional Sessions Judge, Jalandhar vide which the appeal preferred by the accused -appellant against the judgment and order dated 1.12.2009 passed by Shri Tarntarn Singh Bindra, Sub Divisional Judicial Magistrate, Nakodar convicting and sentencing the accused under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code ( in short ­ the IPC ) was partly accepted qua Tarsem Singh @ Makhan acquitted him from the charges levelled against him and remaining appeal was dismissed.

(2.) THE facts of the case are that a letter was received with the direction of Senior Superintendent of Police, Jalandhar, for registration of FIR. During investigation of FIR No.95 of 1999 under Sections 467, 468, 471, 379, 411 of IPC case was registered at Police Station Nakodar on 23.4.1999 against Talwinder Singh regarding fake registration plate No.PB - 08 -A -5764 and preparing forged RC. The said truck was taken into police possession in the above said FIR. During investigation, it was revealed from the record of DTO, Jalandhar that RC of No.PB -08 -A5764 is pertaining to a scooter in the name of M/s Khurana Textiles. Santokh Singh son of Arjan Singh resident of Village Jandiala moved application on 5.7.1999 before the Duty Magistrate, Nakodar for the release of truck on superdari bearing No.PB -07 -2217. Report was called from the Police Station and it was released on superdari in favour of Santokh Singh. Said Santokh Singh had placed on record Photostat copy of RC of truck No.PB07 -2217. He furnished superdari bond and surety bond in the Court and accordingly the truck was ordered to be released in his favour. On verification of record from DTO, Hoshiarpur, it was revealed that vehicle bearing No.PB -07 -2217 is a Scooter in the name of one Des Raj son of Bishan Dass, resident of Hoshiarpur. In this way, Santokh Singh superdar, Tarsem Singh surety and Iqbal Singh Lambardar committed fraud with the court of Duty Magistrate, Nakodar and on the basis of forged registration managed to take the vehicle on superdari. On this, inquiry was done. It was revealed that the Investigating Officer did not verify from the office of DTI regarding correctness of RC of vehicle No.PB07 - 2217. The legal opinion was taken from the District Attorney. Ultimately, on the basis of inquiry and on the directions of SSP, FIR was registered. The fake RC and vehicle were taken into police possession. Santokh Singh @ Sukha and Talwinder Singh were arrested on 16.6.2000 and Talwinder Singh was arrested on 05.09.2000. During inquiry, Iqbal Singh Lambardar was found to be innocent. After completion of investigation, challan was presented against Santokh Singh, Talwinder Singh and Tarsem Singh @ Makhan.

(3.) IN order to prove its case, the prosecution has examined ASI Dalbir Singh as PW1, SI Pardeep Singh as PW2, SP Mandhir Singh Sandhu as PW3, SI Sadhu Singh as PW4, Sucha Singh as PW5, DTO R.L.Jassal as PW6, Kulwant Singh, Clerk DTO office as PW7 and thereafter evidence of the prosecution was closed by order.