AMREEK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revisional application is directed against order dated 11.1.1995 of the learned Additional Sessions Judge, Hisar, whereby the learned Additional Sessions Judge upheld the conviction of the appellant (petitioner herein) under Sections 419/511 and 420/511 of the Indian Penal Code respectively. He further, ordered that the substantive sentences shall run concurrently.

(2.) The facts leading to this case may be briefly stated. One Ajit Singh was a freedom fighter and he was in receipt of pension from the Government. He had drawn arrears of pension from 6/84 to 1/85 on 20.2.1985. On 23.3.1985, the petitioner impersonated said Ajit Singh and presented the relevant form for the drawal of pension for the month of February, 1985. He deposited the documents with the Treasury Officials and went away. On his return, the Treasury Officials became suspicious and on enquiry, it revealed that the petitioner had impersonated himself as Ajit Singh. The petitioner was put to trial and the learned Judicial Magistrate 1st Class, Hisar convicted the appellant/petitioner under Section 419/5 11 as also under Section 420/5 11 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for one year. He further directed the petitioner to pay a fine of Rs. 500/- for the offence under Section 420/511 of the Indian Penal Code and in default of payment of fine, the accused petitioner was directed to undergo rigorous imprisonment for a further period of three months.

(3.) Being aggrieved by the decision of the learned Magistrate, the appellant-petitioner preferred an appeal and the learned Additional Sessions fudge, Hisar while maintaining the conviction, reduced the sentence to a period of six months only on each count of the charges.