KRISHAN DEV SAHANI SON OF SHRI AMAR NATH, RESIDENT OF KHARIRI, TEHSIL SUNDERNAGAR, DISTRICT MANDI, H.P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) MATTER was taken up at 11 a.m. During the month of April, 1993, petitioner (accused) was found to have committed offences, punishable under Sections 420, 467 and 468 of the Indian Penal Code, regarding which FIR No. 147/93 dated 20.4.1993 (Ex. PW -18/A), was registered at Police Station, Sundernagar, District Mandi, H.P. Police investigated the matter, which revealed that petitioner was guilty of having committed the aforesaid offences.

(2.) CHALLAN was presented in the Court for trial and petitioner was charged for having committed offences, punishable under Sections 420, 467 and 468 of the Indian Penal Code, to which he pleaded not guilty and claimed trial. In order to establish its case, prosecution examined as many as twenty one witnesses and statement of the accused, under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication. The main accused was declared as proclaimed offender, against whom the prosecution had also registered a criminal complaint.

(3.) APPRECIATING the material on record, Court of Additional Chief Judicial Magistrate, Sundernagar, vide judgment dated 3.5.2002, in Case No. 93 -11/94, titled as State versus Krishan Dev Sahani, convicted the petitioner (accused Krishan Dev Sahani) for having committed offences, punishable under Sections 420 and 468 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of one year and pay fine of Rs.1,000/ - for each of the offences and in default of payment of fine to further undergo simple imprisonment for a period three months. However, accused stands acquitted of the offence, punishable under Section 467 of the Indian Penal Code.