MANMOHAN SINGH JOHAL Vs. STATE

JUDGEMENT

(1.) Forty-four persons were committed for trial under section 120-B read with sections 465, 466 and 471, Indian Penal Code, to the Court of Sessions, Jullundur, on a charge of criminal conspiracy, having a plurality of objects, namely, to obtain fraudulently passports from persons at various places in the Punjab, to insert false and forged entries and photographs in them, and to use such forged passports and other travel documents for travelling to United Kingdom. Two of them, including Manmohan Singh Johal, were also charged for the substantive offence under Section 466, Indian Penal Code. They were tried by Shri C.G. Suri, Ex-officio Additional Sessions Judge, Jullundur. Thirty-six of these accused persons were passengers, hailing mostly from the Jullundur District of Punjab. Out of these passengers accused, the learned trial Judge has acquitted 15, and convicted the rest and sentenced each of them to imprisonment till the rising of the Court and a fine of Rs. 101. Out of the accused catalogued as "travel agents or their employees functioning in Jullundur in the year 11959," the learned trial judge has acquitted accused Nos. 40, 41 and 43 and convicted the rest.

(2.) Manmohan Singh Johal (Accused No. 37) has been convicted under Section 120-B read with Section 471 of the Penal Code, and sentenced to 5 years' rigorous imprisonment and a fine of Rs. 50,000 and in default of payment of fine, to undergo 2 years further rigorous imprisonment. He has been further convicted under Section 466, Indian Penal Code, and sentenced to 5 years rigorous imprisonment with the direction that the sentences on both the counts shall run concurrently.

(3.) Amrit Lal Kapila (Accused No. 38), has been convicted under Section 120-B read with Section 471 of the Penal Code, and sentenced to 3 years' rigorous imprisonment and a fine of Rs. 10,000/- and in default, to undergo further rigorous imprisonment "for one year. Kashmira Singh (Accused No. 44), has also been convicted.