GOPAL DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) THE learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, affirmed the conviction and sentence passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala in Cr. RBT Case No. 30 -II/04/99 dated 7th June, 2004 whereby the petitioner, hereinafter called the accused was convicted under Sections 420, 467, 468 and 471 of the Indian Penal Code and sentenced to undergo imprisonment for a period of one year and to pay fine of Rs. 5000/ - on each count, in default to further undergo simple imprisonment for a further period of four months in this revision petition. The accused has challenged the judgment of both the courts below, in this revision petition.

(2.) THE factual matrix, which gives rise to the present petition are that the accused -convict was posted as Licensing Clerk in the office of the District Magistrate, Kangra at Dharamshala. At the relevant time, Smt. Manisha Shridhar was the District Magistrate. It came to her notice that some arm licences were forged by the accused and its area was extended to all India without any valid orders by the competent authority. On this information, she nominated PW11 Parbod Saxena, the then Additional Deputy Commissioner, Kangra at Dharamshala, to conduct an inquiry into the matter and submit a detailed report. After conducting inquiry Shri Parbod Saxena, submitted his report Ex.PW8/A to the District Magistrate looked into the veracity of the license No. 5616 -A issued in the name of Shri. Mohamand Sahit for NPB Rile. .3154 Bore No. 2B4387 which was valid upto 10.1.1994 and was having an endorsement extending its jurisdiction to All India by quoting the reference of letter No. Home(A)(F)(12) -2/94 dated 22.3.1994, regarding which no record was found available. Since the licence of Mohamand Sahit was neither found entered nor its endorsement was correct, therefore, the Inquiry Officer found the license to be forged. It was also came to his notice that the Department of Home vide the aforesaid number had only conveyed the extension of area to All India Jurisdiction in respect of the following arms licenses :

(3.) DURING the investigation, two arm license registers, one from 24.12.1991 to 19.5.1993 and another from 24.5.1993 to 23.2.1996 vide recovery memo Ex. PW -1/A, 22 gun licenses forms Ex. P1 to Ex.P -22 vide recovery memo Ex.PW1/B, three letters Ex.PW3/A to Ex.PW3/C, addressed the accused -convict by one Shri B.K. Shukla were, also taken into possession by the police vide recovery memo Ex.PW3/D.