LAWS(P&H)-1993-7-14

STATE OF PUNJAB Vs. JASJIT SINGH

Decided On July 05, 1993
STATE OF PUNJAB Appellant
V/S
JASJIT SINGH Respondents

JUDGEMENT

(1.) Sh. Jasjit Singh, accused respondent, while working as Lecturer in Punjabi language in Babbar Akali Memorial Khalsa College, Garhshankar, Hoshiarpur, filled up nomination form on 16.2.1981, Ext. PA, for election to the Board of under-graduate studies in Punjabi. On page 4 of this form, the certificate of the Principal of the Institution was required to be obtained. Shri Lachhman Singh (P.W. 1) was then working as Principal of that college. The accused is alleged to have forged his signatures on the said certificate. This fact came to the notice of Shri Lachhman Singh, Principal, in the year 1993, when the accused filled up again a form for the abovesaid election and approached the Principal for issuing such certificate. Shri Lachhman Singh, Principal, became suspicious regarding the forging of his signatures in the earlier nomination form submitted by the accused in the year 1981. Therefore, he contacted the University authorities and came to know that his signatures had been forged on the certificate. Ext. PA/i. He then obtained photostat copies and photographs of the said forged signatures and got it compared with his specimen signatures from Shri K.S. Pun, Document Expert. On receipt of the opinion that his signatures were forged on the certificate, Ext. PA/i. Shri Lachhman Singh. Principal, lodged a complaint, Exhibit PD, with Shri M.S. Bhullar, Senior Superintendent of Police. Hoshiarpur on the basis of which a case for the offences under sections 420, 467, 468 and 47i of the Indian Penal Code, was registered against the accused-respondent at Police Station Garhshankar (District Hoshiarpur) on 2i.ii.i983 at 4.30 p.m. by A.S.I. Harmel Singh. During the investigation of the case, the investigator applied before Shri P.C. Suman then Judicial Magistrate ist Class. Garhshankar (P.W. 6) for obtaining the specimen signatures/handwriting of the accused for comparison purposes, but Sh. Jasjit Singh accused on 7.3.i984 refused to give his handwriting or specimen signatures for the purposes of comparison vide his statement, Ext. PD/i. After completion of investigation, the accused was arraigned for trial on such like allegations by submitting the chargesheet before the Chief Judicial Magistrate, Hoshiarpur.

(2.) The trial Court framed a charge for offence under sections 420, 468 and 47i, I.P.C. against the accused.

(3.) The prosecution in support of its case examined Shri Lachhman Singh, Principal, P.W. i, Shri Amarjit Singh, P.W. 2, Shri Subash Chand, Assistant. General Branch, Punjab University Chandigarh. P. W. 3, Shri Hans Raj, Assistant Registrar, Accounts, Punjab University, P.W. 4, Shri Ajaib Singh, A.S.I., P.W. 5, Shri P.C. Suman. P.W. 6, Shri Dewan K.S. Pun, Document Expert. P.W. 7 and Shri Tarlochan Singh, Photographer, P.W. 8.