ANIL KUMAR Vs. STATE OF U T

JUDGEMENT

(1.) Challenge in this revision petition is to the judgment of conviction and order of sentence dated 24.12.2015 passed by the Judicial Magistrate Ist Class, Chandigarh vide which the petitioner along with co-accused Sandeep were held guilty of offences punishable under Section 419 of the Indian Penal Code (in short 'IPC') i.e. cheating by impersonation and acquitted both of them under Section 420 IPC and both were sentenced to undergo rigorous imprisonment for a period of 01 year as well as the judgment dated 02.12.2016 passed by the Lower Appellate Court vide which the co-accused - Sandeep was acquitted of the charges and the appellant was though acquitted of charge under Section 420 IPC, however, his sentence under Section 419 IPC was upheld and the sentence awarded to the petitioner was reduced to the period of 06 months rigorous imprisonment from the sentence of 01 year awarded by the trial Court.

(2.) Brief facts of the case are that on a complaint received by Smt. Rattan Kaur, Deputy Registrar, Punjab and Haryana High Court (hereinafter to be referred to as 'the complainant') on 07.12.2012, it was stated that a screening test for the post of Peon, Chowkidar and Attendant was conducted in D.A.V. Model School, Sector 15, Chandigarh. One candidate with Roll no.27228 was appeared in Room No.45 where one Ram Dev was the Invigilator on duty. The name of the candidate was Sandeep and on apprehension that there was some another person appearing on his behalf, he enquired the matter and the candidate stated that the application was filled by his brother and also signed by his brother namely Mandeep. The photocopies of the handwriting on Admit Card, OMR sheet and question paper booklet front page were attached with the complaint and it was requested that the matter may be got investigated.

(3.) On receiving the complaint, an FIR under Section 419 and 420 IPC was registered. The accused persons were arrested and necessary documents were obtained from them and were recovered by the police. During the investigation, the police recorded the statement of the witnesses under Section 161 Cr.P.C. and on completion of investigation, the challan/report under Section 173 Cr.P.C. was presented in the Court.