JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sub-Divisional Judicial Magistrate, Malout tried petitioner - Jagjit Singh an accused in FIR No.128 dtd. 20/8/1994 under Ss. 420, 465, 467, 471 IPC registered with Police Station Sadar Malout and vide judgment and order of sentence dtd. 20/8/1998 convicted him for offences under Ss. 465, 467 and 471 IPC sentencing him as follows:-

(2.) Accused Under Sec. Imprisonment Fine In default 465 IPC One Year Nil Nil Jagjit Singh 465 IPC Two and a half Rs.500.00 One month years 471 IPC One year Nil Nil All the sentences were ordered to run concurrently. Briefly stated facts of the case as per prosecution version are that Inspector Gian Chand from Vigilance Bureau, Muktsar had received a secret information on 30/8/1994 at about 9:15 a.m. that accused Jagjit Singh then working as Junior Engineer with Rajasthan Canal Sub- Division, Gidderbaha in the office of Chief Enginner S.Y.L. Chandigarh had obtained employment by dishonestly and with mala fide intention producing a forged diploma certificate in the year 1979 alleged to have been issued by Principal of Polytechnic Guru Teg Bahadur (GTB), District Faridkot. Inspector Gian chand accordingly sent ruqa to police Station Sadar on the basis of which formal FIR was recorded. The case was investigated during course of which it came out that accused had taken admission in Central Polytechnic, Chandigarh Sector 26 in July, 1975, he had appeared in the first semester in November, 1975, but got a reappear, then, he got himself migrated to Polytechnic GTB; that he passed the first semester in November, 1975, he passed 6th semester in May, 1978, he cleared the 4th Semester (reappear) in November, 1978 and passed 5th Semester (reappear) in November, 1978, however, he passed 3rd semester (reappear); in November, 1979 under Roll No.4644 from the said Board and got 546 out of 1000 marks; that the accused had applied for the post of Sectional Officer to the Punjab Subordinate Services Selection Board (in short S.S. Board), Punjab, Chandigarh and his application was received at Sr. No.1583 on 22/6/1979, the basic qualification for appointment was that candidate should be diploma holder in Engineering upto 16/4/1979. In his application the accused had mentioned that he had passed diploma in the year 1978 which was factually wrong; that accused had cleared 3rd semester (reappear) in the year 1979; that he had attached diploma certificate and detailed marks card with the application making mention of the same in the application. He enclosed certified copy of matriculation certificate examination (details marks card), copy of character certificate, copy of 2nd, 3rd, 4th, 5th and 6th semester examinations and some other documents which were allegedly attested by Sh. K.S. Gill, Headmaster, Government High School, Kotli Ablu, Faridkot. During the course of investigation it was found that no Headmaster by the name of Sh. K.S. Gill remained posted in that school in the year 1979; that specific handwriting and signatures of accused were obtained and on comparison it was found that questioned writings and signatures were similar to the specific writing and signatures showing common authorship. The Investigating Officer had recorded statements of various witnesses, took into possession certain documents. On completion of investigation challan against the accused was prepared and filed in the Court of Sub- Divisional Judicial Magistrate, Muktsar.

(3.) On presentation of the challan copies of challan were supplied to the accused free of cost as envisaged under Sec. 207 Cr.P.C.