BALBIR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER has been charged for the offences under Sections 409, 419, 467 and 468 of the Indian Penal Code.

(2.) THE prosecution case in brief is that complainant Munshi Ram PW -9 had filed a complaint (Ext.PW9/A) before the Superintendent of Police, Chamba on 19.7.1991, stating that his son Joginder Singh (PW -10) had sent a money order of Rs. 1200/ - to his wife Smt. Biasa Devi (PW -11). The money order was sent from Post Office Dharamshala, H.P. and was to be delivered by the postal authorities at Patka. The gist of the complaint was that the amount had not been received by Smt. Viasa Devi (PW -11). Paras -2 & 3 of the complaint (Ext.PW9/A) are important. They read:

(3.) AFTER examination of the record, prosecution was launched against the petitioner, who was convicted by the Court under Section 409 of the Indian Penal Code and ordered to under go simple imprisonment for two years and fine of Rs. 500/ - under Section 409 IPC., simple imprisonment for one year and a fine of Rs. 250/ - under Section 419 I.P.C. and simple imprisonment for two years and fine of Rs. 500/ -under Section 468 of the Indian Penal Code. All the sentences to run concurrently. To reach this conclusion, statement of four witnesses was relied upon by the prosecution. They were PW -7 Sh. Prabhat Chand, PW -11 Smt. Biasa Devi, PW -10 Sh. Joginder Singh and PW -12 Sh. Laxman Singh.