STATE OF HIMACHAL PRADESH Vs. HIRDA RAM

JUDGEMENT

(1.) The State has come up in appeal under Section 378 of the Code of Criminal Procedure against the judgment dated 20.9.1989 passed by the Additional Sessions Judge, Mandi setting side the conviction and sentence imposed upon the respondent by the learned Chief Judicial Magistrate, Mandi vide judgment dated 20/ 21. 9 .1988 and whereby the respondent was acquitted of offences under Sections 181 and 420, Indian Penal Code.

(2.) Briefly stated, the facts of the present case are these. On the basis of the report dated 10.10.1985 made by the Superintendent of Police, CID/Crime, Himachal Pradesh, Shimla to the District Superintendent of Police, Mandi, case under Sections 420/468, Indian Penal Code came to be registered at Police Station Sadar, Mandi vide FIR No. 2317/1985 on 11.10.1985. It was averred that the respondent ASI Hirda Ram who is not a Middle pass, had given an affidavit to the effect that he was Middle pass and on the basis of such affidavit with regard to his educational qualification got promotion. On the basis of reliable information having been received in this regard, a discreet inquiry was made and it was found that in the year 1978 when the respondent was posted at BSL Unit Sundemagar, District Mandi, he on 3.10.78 had sworn a flase affidavit before the Magistrate 1st Class Mandi to the effect that he had passed Middle Standard examination from Govt. Vijay High School, Mandi in the year 1956 and was a student of Class nine at the time of his leaving the said school. It was also deposed in the affidavit that while the respondent was posted at Chango check post in Kinnaur District in the year 1960-61 he has submitted his Middle Standard examination certificate to the then Superintendent of Police, Border Security Force while appearing in B-i test. A perusal of the character roll of the respondent revealed that the word Middle had been written by someone and such entry with regard to the respondent having passed Middle Class has not been attested by any authority. It was thus averred that by submitting a false affidavit, the respondent cheated his superior Officer and by doing so he got an opportunity to undergo Intermediate Course at Police Training College, Phillaur.

(3.) After the necessary investigation, on a case having been found against the respondent for the offences under Sections 420/468 and 181, Indian Penal Code, the respondent was arrested, challaned and sent up for trial before the learned Chief Judicial Magistrate, Mandi.