MOHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition is directed against the judgment dtd. 22/8/2012, passed by learned Sessions Judge, Kangra at Dharamshala (learned Appellate Court), vide which the judgment of conviction dtd. 31/12/2005 and order of sentence dtd. 17/1/2006, passed by learned Judicial Magistrate First Class, Court No.2, Dehra, District Kangra, H.P. (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the police presented a challan against the accused for the commission of offences punishable under Ss. 417, 420, 465, 468 and 471 of the Indian Penal Code (IPC). It was asserted that the informant Jagjit Singh (PW8) filed an application (Ex.PW8/A) before CBI, Dharamshala asserting that his uncle Babu Ram (accused) was serving on the certificate of some other person. Babu Ram had passed the matriculation examination in the year 1959 in the third division from Government High School Rakkar. He served in Khaddar Bhandar, where he stole the certificate of Mohan Singh (PW5). Mohan Singh had passed the matriculation examination in the second division. He got the record of High School, Rakkar stolen. The police registered the FIR (Ex.PW11/A) based on the complaint. SI Purshotam (PW16) conducted the investigation. He recorded the statements of witnesses as per their version. He obtained the matriculation certificate of the accused (Ex.PW12/A), the certificates of Mohan Singh (Ex.P2 and Ex.P3), the revenue record (Ex.PW9/A and Ex.PW9/B), the certificate from the Panchayat Secretary (Ex.PW7/A), orders (Ex.PA and Ex.PB) from DEO, Dharamshala, the report (Mark-P1) and certificates (Ex.P3 to Ex.P8). He recorded the statements of the remaining witnesses as per their version. The challan was prepared and presented before the Court after the completion of the investigation.

(3.) Learned Trial Court charged the accused with the commission of offences punishable under Ss. 416, 417, 420, 465 and 471 of IPC to which the accused pleaded not guilty and claimed to be tried.