KARAMJIT SINGH Vs. STATE U T CHANDIGARH

JUDGEMENT

(1.) This revision petition has been filed by the accused petitioner against the judgments of the Courts below, whereby he was convicted under Section 420 IPC and was sentenced to undergo R1 for two years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further R1 for two months by the learned Magistrate, vide judgment and order dated 25-4-1996 and the appeal filed by him was dismissed by the learned Addl. Sessions Judge vide judgment dated 24-7-2000.

(2.) Facts, which are relevant, for the decision of the present revision petition, are that one Kehar Singh had made a complaint with regard to the filing of wrong affidavits by various persons including accused petitioner for the purpose of allotment of plots under the LIG scheme. It was alleged that affidavits were filed in order to get the plots. With regard to the petitioner, it was alleged that he was already owner of eight marla plot in SAS Nagar (Mohali) and had submitted a false affidavit for the allotment of LIG plot (in Chandigarh). On inquiry, it was found by the Chandigarh Administration that the petitioner was owner of plot No. 919 Phase X, Mohali and he also succeeded in getting allotment of plot bearing No. 758, Sector 40-A, Chandigarh by concealing real facts by filing wrong affidavits dated 11-1-1980, 7-5-1981, 18-8-1981 and 22-9-1981 before the Estate Officer, U. T. Chandigarh. It was found that in those affidavits the petitioner had declared that he, his wife or his dependent children did not own any residential site or house including dwelling unit in any urban area etc., anywhere in India including Chandigarh, since the coming into force of 1971 scheme. It was found that he had done so to cheat the U. T. Administration for making grounds to get plot in U. T. Chandigarh. A criminal case was registered bearing FIR No. 7 dated 17-10-1990 under Section 420 IPC in PS Vigilance, Chandigarh. After completion of investigation, challan was submitted in the Court. The accused was charged under Section 420 IPC to which charge he pleaded not guilty and claimed trial. The prosecution produced evidence in support of its case. The statement of the accused under Section 313 Cr. P.C. was recorded in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. He took up the plea that he had rightly applied for the allotment of plot and had never applied for the allotment of any plot at Mohali. No evidence was led by the accused in his defence. After hearing both sides the learned Magistrate convicted and sentenced the accused petitioner as referred to above, vide judgment and order dated 25-4-1996. Aggrieved against the same, petitioner filed an appeal before the Sessions Court and the learned Additional Sessions Judge vide judgment dated 24-7-2000, dismissed the said appeal, upholding the conviction and sentence imposed upon him by the learned Magistrate. Aggrieved against the same, petitioner filed the present revision petition in this Court. On 4-9-2000, the revision petition was admitted and the petitioner was ordered to be released on bail.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.