DALBIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition for challenging the judgment/order dated 08.08.2018 passed by learned Additional Sessions Judge, Gurdaspur, whereby, the judgment and order dated 16.12.2016 passed by learned Judicial Magistrate 1st Class, Gurdaspur has been upheld, thereby upholding the conviction and sentence of the petitioner for rigorous imprisonment for 03 years for the offence punishable under Section 420, 120-B of IPC. The facts leading to the registration of the present case against the petitioner are that the petitioner was the Ex-Sarpanch of the village. He introduced the petitioner and some other persons to one Kulbhushan Khosla (Retd. Deputy Commandant, CRPF), for recruitment of the candidates and received Rs.2 to 3 lacs from each of the candidate. The petitioner gave the documents and money to Kulbhushan Khosla. The said Kulbhushan Khosla had given cheques of the equivalent amount to the complainant, as security, in case the name of the candidate is not found mentioned in the recruitment list, as per promise. Later on, the above said Kulbhushan Khosla handed over the letters of appointment which were later on found to be fake. This resulted in registration of the case against the petitioner, Kulbhushan Khosla, his wife as well as against his son.

(2.) The prosecution led its evidence. The trial Court found the allegations against the petitioner to be proved as per law and convicted the petitioner for the offence punishable under Section 420 read with Section 120-B of IPC. On conviction, the trial Court sentenced the petitioner for 03 years rigorous imprisonment along with fine.

(3.) The above said Kulbhushan Khosla expired during the pendency of the trial. Wife of the said Kulbhushan Khosla was acquitted by the trial Court and his son, being a juvenile, was acquitted by a Juvenile Court.