ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the judgment dtd. 14/11/2006 vide which the petitioners were held guilty for commission of offence punishable under Ss. 419, 420, 467, 468 and 471 of the Indian Penal Code, 1860 (in short 'IPC') and the order of sentence dtd. 15/11/2006 vide which the petitioners were sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500.00 each and in default of payment of fine to further undergo simple imprisonment for a period of one month as well as the judgment dtd. 2/6/2009 passed by the Lower Appellate Court vide which the appeal preferred by the appellantspetitioners, was dismissed and the sentence of the petitioners under Ss. 419 and 420 IPC was reduced from one year to six months rigorous imprisonment (each) and under Ss. 467, 468 and 471 IPC from two years to one year rigorous imprisonment (each).

(2.) Brief facts of the case are that a letter No.14-Reader dtd. 17/2/1998 was sent to the SHO, Police Station Civil Lines, Hisar by the Special Judicial Magistrate, Hisar, mentioning therein that during the course of prosecution evidence of criminal case bearing FIR No.261 dtd. 24/5/1996 registered under Ss. 279, 337 and 427 IPC, at Police Station Sadar Hisar, PW5 - Harish Bhalla denied the execution of superdaginama. It is further stated therein that Harish Bhalla, produced a receipt dtd. 5/12/1995 pertaining to delivery of the vehicle i.e. motor car, showing that the said vehicle was sold to Sh. Bajrang Dass Goyal son of Mukandi Lal by said Harish Bhalla. It was revealed from the said letter that somebody had cheated the Court by impersonation and some another person was identified by Sh. S.K. Mittal, Advocate. On receipt of the said letter, an FIR No.65 dtd. 21/2/1998, for offence punishable under Ss. 419, 420, 467, 468 and 471 IPC at Police Station Civil Lines, Hisar, District Hisar was registered.

(3.) During the investigation, the accused were arrested and on finding a prima facie case, both the petitioners were charge-sheeted on 20/7/2001 under Ss. 419, 420, 467, 468 and 471 IPC, to which they did not plead guilty and claimed trial.