SANJEEV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the judgment dated 09.09.2014 passed by Shri Sant Prakash, Additional Sessions Judge, Jind, vide which the appeal preferred by the accused now petitioner against the judgment of conviction dated 26.07.2013 and order of sentence dated 29.07.2013 passed by Shri Basurddin, Additional Chief Judicial Magistrate, Jind, vide which the accused/petitioner has been convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 1000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months under Section 420 of the Indian Penal Code (in short "the IPC") and he was further sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 500/ - and in default of payment of fine, to further undergo rigorous imprisonment for one month under Section 419 IPC was dismissed by reducing the sentence for a period of one year instead of rigorous imprisonment for a period of two years. However, both the sentences were ordered to run concurrently.

(2.) THE factual matrix of the case is that on 20.03.2002 SI Jabgir Singh along with C. Ramesh was present at Bus Stop village Manoharpur in connection with patrolling duty and detection of crime. There Sub Inspector along with checking staff of Haryana Roadways met them who moved an application mentioning therein that on 20.03.2002, a bus bearing registration No. HR -56 -A -2476 was going from Hisar to Sonepat. During surprise checking near village Lochab, one boy represented himself as police official. The Inspector asked him to show his identity card. Since the photograph on the identity card was not matching with the face of that boy, the Inspector asked him to produce any other identity card. Upon this, he showed his Driving License reflecting his name as Sanjeev Kumar s/o Om Prakash r/o village Dahola, whereas on the identity card his name was mentioned as Sanjeev Kumar r/o village Bhuslana. The said identity card seems to be the coloured photo stat copy of some other police official's identity card which the boy was illegally using. Accordingly, prayer was made for taking action against the said person for using fake and forged identity card. On the basis of said application, formal FIR was registered. Investigation was carried out. Statements of witnesses were recorded. The driving license of the accused/petitioner was taken into possession. After completion of investigation, challan against the accused was presented in court.

(3.) IN order to prove its case, the prosecution examined SI Jagbir Singh as PW -1, Inspector Satbir Singh as PW -2, Inspector Raj Singh as PW -3 and thereafter closed the evidence.