PREM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Criminal Appeals No. 15/2012 and 29/2012 are instituted against the judgment dated 31.12.2011 rendered by learned Special Judge, Bilaspur, H.P., whereby appellants/accused persons, namely, Prem Lal and Jagar Nath, were convicted and sentenced for the charges framed against them. Accused Prem Lal was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 467 of the Indian Penal Code, to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for one month under Section 468 of the Indian Penal Code and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to undergo further imprisonment for one month under Section 120-B of the Indian Penal Code. Accused Jagar Nath was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 420 of the Indian Penal Code and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 467 of the Indian Penal Code, to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 471 of the Indian Penal Code and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 120-B of the Indian Penal Code. All the sentences have been ordered to run concurrently.

(2.) Since common questions of law and facts are involved in both the appeals, the same were taken up together for hearing and are being disposed of by a common judgment.

(3.) The prosecution case, in a nutshell, is that PW1 Krishan Lal filed a complaint Ext.PW1/A before the Vigilance Department, Bilaspur on 19.3.2007. According to him, date of birth of accused Jagar Nath was 5.5.1934 as per school record. He misguided the HPPWD by producing a false affidavit regarding his date of birth. He has attained the age of 72 years and was still working in HPPWD. According to birth certificate issued by the Government Primary School, Berthin, he studied in the school w.e.f. 10.6.1944 to 19.12.1949 vide admission No.429 dated 10.6.1944. A false affidavit has been filed by Jagar Nath in his Department at the time of regularization. The complaint, Ext.PW1/A was entrusted to PW14 Inspector Anant Ram vide letter Ext. PW14/A for conducting inquiry into the matter. During the course of investigation, PW14 Inspector Anant Ram collected photocopy of appointment order, medical certificate, joining report and birth certificate of Jagar Nath vide Ext.PW7A to Ext.PW7/F. He recorded statement of complainant PW1 Krishan Lal vide Ext.PW14/B. It was found during the course of investigation that accused Prem Lal, the then Secretary of Gram Panchayat Badagaon got changed date of birth of Jagar Nath from 1938 to 27.4.1948 and issued a false birth certificate of Jagar Nath vide Ext.PW7/F. At the time of regularization in the year 1994, Jagar Nath produced his affidavit showing date of birth as 27.4.1951 before Prem Lal for registration thereof in the Parivar Register. Thereafter, Prem Lal made overwriting about the year 1938 and shown the date of birth of Jagar Nath as 27.4.1948 instead of 27.4.1951 in the Parivar Register. Prem Lal had also made overwriting about the date of birth of wife of the Jagar Nath namely Savitri Devi and she was shown to have been born in the year 1958 instead of 1948. Consequently, FIR, Ext.PW15/B was registered. Investigation was completed and the challan was put up in the Court after completing all codal formalities.