SARDOOL SINGH Vs. GURCHARAN SINGH AND ANOTHER

JUDGEMENT

(1.) Sardool Singh made a complaint before the police alleging that on 25.2.1987, Gurcharan Singh, the respondent herein secured employment as regular Patwari on the basis of a fake and forged matriculation certificate by showing his date of birth as 15.12.1959 and was lateron promoted as Qanungo whereas as per record of Additional Registrar, Births and Deaths, Ferozepur, his date of birth is 23.2.1955 and as such he had crossed the maximum age limit for getting employment in government sector.

(2.) On receipt of aforesaid complaint, Deputy Commissioner, Ferozepur, ordered an inquiry to be held by District Revenue Officer, Ferozepur and Additional Deputy Commissioner, Ferozepur. After receipt of report of inquiry, a first information report under Sections 420/467/468/471 of the Indian Penal Code,1860 (for short, IPC ) was recorded. The matter was investigated into. Necessary documents were taken in police possession. Accused was arrested. Statements of witnesses were recorded. On completion of investigation, a report in terms of Section 173(2) of the Code of Criminal Procedure, 1973 (for short,''Cr.P.C. ) was filed before the learned Chief Judicial Magistrate, who on finding prima facie case of fraud and cheating charged the accused/respondent No.1 under Sections 420/467/468/471, IPC.

(3.) Respondent No.1 pleaded not guilty to the charge and claimed trial. Prosecution examined Baljit Singh as PW1, Om Parkash as PW2, Sardool Singh, complainant, as PW3, Gurmit Singh, Field Qanungo as PW4, Sohan Lal, SDM, as PW5, ASI Dogar Singh as PW6, ASI Dilbagh Singh as PW7, Subhash Chander as PW8, G.K. Sabharwal (since retired, but posted as Additional Deputy Commissioner, at relevant time) as PW9 and ASI Swaran Singh as PW10.