HARBEL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried, convicted and sentenced to R.I. for one year and to pay a fine of Rs. 500/-, in default R.I. for two months under sections 420/109 I.P.C., to R.I. for nine months and to pay a fine of Rs. 200/-, in default R.I. for one month under section 468 I P.C. and to R.I. for six months and to pay a fine of Rs. 100/-, in default R.I. for one month under sections 471/109 I.P.C. by the learned Special Judicial Magistrate First Class, Patiala vide his order dated 27.4.1982. The appeal was carried to the Court of Session where it failed substantially in as much as that the conviction of the petitioner under section 468 I.P.C. was set aside although his conviction under sections 420/109 and 471/109 I.P.C. was maintained, but his sentence of imprisonment was reduced to till rising of the Court. However, the fine was raised to Rs. 2000/- on each count. In default of payment of fine the petitioner was further ordered to undergo R.I. for six months. The petitioner bas come up in revision to this Court.

(2.) On the last date of hearing, notice regarding was issued.

(3.) Briefly, the prosecution version is that the petitioner was working as a Clerk in the office of the Regional Settlement Commissioner, Jalandhar. He was dealing with the file of one Kartar Singh claimant. After utilizing the claim amount, certain balance was shown in the name of aforesaid Kartar Singh. A letter from the Assistant Settlement Commissioner was got issued to Kartar Singh showing entitlement of Kartar Singh to receive the balance amount. This happened in the year 1967. Mainly the allegations against the petitioner are that he while performing his duty did not check the letter properly which he was duty bound to do and the letter was received by one Jagjit Singh instead of Kartar Singh and Jagjit Singh took the benefit of that letter. Jagjit Singh - the beneficiary and some other persons who associated with him in setting up the claim were also tried. Out of them some were acquitted while the remaining were given benefit of Probation of Offenders Act.