PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT criminal revision petition is directed against the impugned judgment dated 07.08.2007 passed by learned Sessions Judge, Ferozepur, whereby appeal of the petitioner was dismissed, upholding the impugned judgment of his conviction and order of sentence of even date i.e. 05.07.2006, passed by Sub Divisional Judicial Magistrate, Jallalabad.

(2.) BRIEFLY put, facts of the prosecution case are that a letter No. 190 was written by the District Magistrate, Ferozepur, to the Senior Superintendent of Police, Ferozepur for registration of a case against the accused -petitioner/Pritam Singh, alleging therein that the Government declared a policy for allotment of the land to the persons in possession thereof. Accused -petitioner also submitted an application for allotment of land bearing Khasra No. 21 Killa No. 4 (8 -0) situated at Village Bodal Peer Ke on 09.05.1997. The application was supported by an affidavit and photocopy of ration card of the accused, wherein he declared himself to be the head of the family. This claim was lodged by the accused in the office of Tehsildar, Jallalabad, who sent the proposal for transfer of the aforesaid land to Sales Commissioner, Jallalabad. However, Sales Commissioner had some doubt regarding genuineness of ration card and he gave the direction to verify the ration card from the Food & Supply Department, Guru Har Sahai. During investigation, it was found that no ration card was issued in the name of accused. As such, the accused had submitted a forged and fabricated ration card and also a false affidavit, to get the land belonging to the Central Government, allotted in his name. Accordingly, the case was registered against the accused. He was arrested and later on, was released on bail. After completion of the investigation, challan was presented against the accused.

(3.) IN order to prove its case, prosecution examined as many as seven prosecution witnesses, besides producing the relevant documentary evidence. After closing the prosecution evidence, statement of accused was recorded under Section 313 of CR.P.C. All the incriminating material brought on record against him, was put to the accused. The accused denied the allegations and claimed innocence. However, despite granting opportunity, accused did not lead any evidence in his defence.