TULSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge herein is to the order dated 21.09.2018 passed by the Judicial Magistrate Ist Class, Dasuya, whereby, the complaint filed by the petitioner Tulsa Singh against accused - respondents No.1 to 3 under Sections 467 , 468 , 471 , 420 , 120-B IPC was dismissed. The respondents were discharged.

(2.) The complaint was filed with the allegations that respondents Mansha @ Manshu and Rajeena belong to Christian religion and as such, they fall under the category of 'backward class' as per the notification of the Government of India. The said accused in connivance with some persons of the village got prepared false certificates dated 22.04.2008 and 01.02.2009 claiming themselves to be of 'Balmiki' caste which is a 'Scheduled Caste'. On the basis of this false certificate Rajeena contested the Gram Panchayat election against a seat reserved for Scheduled Castes. Accused Mansha got government land on lease which could be leased only to a person belonging to the Scheduled Castes. Accused Balwinder Singh was the Sarpanch of the village at the relevant time and was alleged to be in connivance with Rajeena and Mansha.

(3.) The complainant examined Waris Masih as CW1, Sandeep Singh Clerk Tehsil office CW2, Sanjeev Kumar Secretary Gram Panchayat CW3, Kanwar Maheshwar Singh CW4, Jeet Singh Deep Writer CW5, Sadhu Ram CW6 and Balwinder Singh Clerk Tehsil Office as CW7. Complainant himself appeared as CW9 and Amrik Singh was examined as CW10.