JAGDEEP CHAND Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner was prosecuted for offence punishable under Sections 420, 464, 468, 471, 120-B, IPC, but was convicted for offence punishable under Sections 420, 468 and 471 IPC on 22.9.1999 by the learned Addl. Chief Judicial Magistrate, Hamirpur in Police Challan No. 42-II of 1994 and he was sentenced under Sections 420, 468 and 471 IPC each to undergo two years simple imprisonment with fine of Rs. 5000/-, in default of payment of fine, he shall undergo one month simple imprisonment. All the sentences were ordered to run concurrently. The petitioner had filed Cr. Appeal No. 18 of 1999 against his conviction and sentence dated 22.9.1999, which was dismissed by the learned Sessions Judge, Hamirpur on 11.10.2002, hence the present revision petition. It has been noticed that in the record the appellant has been referred Jagdeep Chand as well as Jagdeep Singh. There is no dispute that Jagdeep Chand and Jagdeep Singh is one and the same person.

(2.) The prosecution case in brief is that on 15.11.1990 Principal, Regional Engineering College, Hamirpur had lodged a complaint in writing to Superintendent of Police, Hamirpur, which was received in Police Station on 16.11.1990 that in the months of April to June 1990 an advertisement was issued by the College Authorities for admission to four years degree course in the newspapers. The petitioner in response to that advertisement had applied for admission on prescribed form signed by Basant Ram father of Jagdeep Chand with the declaration that all the entries of the form were correct. The declaration included detail marks obtained in plus two examination in H.P. Board of School Education in the year 1989 under Roll No. 4305 by securing 77.5% marks. Jagdeep Chand was called for interview alongwith original certificates in the College, but he could not produce his plus two certificate at the time of interview. Later on Jagdeep Chand had produced an attested copy of duplicate certificate bearing Serial No. 013327 and thereby provisional admission was given to Jagdeep Chand till the production of original certificate. Jagdeep Chand produced certificate on 31.7.1990 and the College Authorities acted bonafide and admitted Jagdeep Chand in four years degree course. It was alleged in the complaint that there was tampering in the certificate produced by Jagdeep Chand and the College authorities referred the matter to Secretary, Board of School Education vide letter dated 28.8.1990 for verification and authenticity, an intimation was received from the Secretary, H.P. Board of School Education on 3.11.1990 disclosing that Jagdeep Chand who took plus two examination in March 1989 under Roll No. 4305 was declared to have obtained compartment in physics till March 1990. The duplicate certificate with Sr. No. 013327 was issued to Rama Nand Sharma son of Hans Raj Sharma, who took his examination in March 1988 from D.A.V. College, Kangra under Roll No. 76639 by securing 309 marks.

(3.) It was found that certificate of Rama Nand Sharma was prepared and taken by Lekh Raj Kashyap an Assistant of the Board on 13.3.1990. It was also found that Basant Ram name of father of Jagdeep Chand as well as marks and the word private and District Bilaspur were tampered by erasing the words in order to commit forgery and to cheat the college authorities. Rama Nand never applied for duplicate certificate nor Rama Nand authorized Lekh Raj Kashyap, Assistant in the Board to obtain the duplicate certificate on his behalf. Jagdeep Chand, Lekh Raj, Basant Ram conspired with an intention to cheat the college authorities. The duplicate false certificate was prepared deliberately and intentionally knowing fully that it would be used as genuine by concealing material facts. During investigation, the admitted handwritings and signatures of Jagdeep Chand, Basant Ram, Lekh Raj Kashyap were taken and sent for comparison to the Government Examiner of Questioned documents.