GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurdev Singh petitioner was convicted by the Additional Chief Judicial Magistrate, Hoshiarpur under sections 420 and 468, Indian Penal Code for which offences he was sentenced to undergo two years rigorous imprisonment and a fine of Rs. 1,000/- in default to undergo three months further rigorous imprisonment on the former count and 11/2 years rigorous imprisonment and a fine of Rs. 500/, in default to undergo one monthTs further rigorous imprisonment on the latter count. The substantive sentences on the two counts were ordered to run concurrently. Out of the fine, on recovery a sum of Rs. 1,000/- was ordered to be paid to the complainant. The petitioner filed an appeal which was dismissed in toto by the Additional Sessions Judge, Hoshiarpur. The present Revision Petition has been filed by the petitioner to impugn his conviction and sentence aforesaid.

(2.) The prosecution allegation, in brief is that the Superintendent of Police, Special Branch sent a letter, dated February 20, 1979 Copy Exhibit PB, to Sh. R.K. Sharma, Senior Superintendent of Police, Hoshiarpur accompanied by three passports which had been found to be forged. The letter was forwarded by the Senior Superintendent of Police, Hoshiarpur to Station House Officer, Police Station Sadar, Hoshiarpur and on the basis thereof, the present case was lodged against the petitioner for various offences, i.e. sections 406, 420, 467, 468 and 471, Indian Penal Code. It is alleged that in consequence of some investigation it was found that in the year 1976, Nirmal Singh (P.W. 6) had paid Rs. 1.000/- to the petitioner for getting an endorsement made on a passport and had also paid another sum of Rs. 6,000/- to him to place arrangements for sending his (Nirmal SinghTs) son Avtar Singh abroad as the petitioner has given out that he was a Travel Agent. The Petitioner is said to have taken Avtar Singh aforesaid to Bombay but he had to return from there after three months. A passport is alleged to have been given to Nirmal Singh at that time which on scrutiny by the Chandigarh Passport Authorities, was found to be forged.

(3.) At the trial, the petitioner was, charged under sections 420/468, Indian Penal Code. It would be relevant to reproduce the charge-sheet as below because a reference to the same will be made at a later stage: Charge State Vs. Gurdev Singh Accused. FIR No. 57 of 11.4.79. P.S. Sadar Hoshiarpur. I, Mrs. Bakhshish Kaur PCS, AddI. CJM., Hoshiarpur, do hereby charge you (Gurdev Singh accused) as under. Firstly, that in the year 1916, at Hoshiarpur, you cheated Nirmal Singh father of Avtar Singh, by dishonestly inducing him to deliver Rs. 1000.00 to you which was the property of said Nirmal Singh and you thereby committed an offcnce punishable under section 420 I.P.C. and within any cognizance. Secondly that during the year 1976, you forged pass-port of Avtar Singh son of Nirmal Singh, intending that it shall be used for the purpose of cheating and, that you thereby committed an offence punishable under section 468 I.P.C. and within my cognizance. And I hereby direct that you be tried on the said changes. Sd/AddI. C.J.M. Hpur. Hoshiarpur, 29.9.82.