PREM NATH Vs. STATE OF J&K

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 21.02.2012 passed by the learned Additional Sessions Judge, Udhampur whereby the appellant/accused has been convicted for the commission of offence under Section 471 RPC and sentenced to undergo rigorous imprisonment of one month.

(2.) The facts leading to the filing of instant appeal are that the appellant/accused, who was working as a Roller Attendant in the Mechanical Engineering Division, Udhampur on daily wage basis, came to be regularized as a permanent employee of the said Department. At that time, he produced a school leaving certificate issued by the Government Middle School, Garnai showing his date of birth as 25.07.1955 which came to be reflected in his service book. On 12.09.2005, PW-4 Bhagwan Singh, cousin brother of the appellant/accused, filed a written complaint before the Deputy Commissioner, Udhampur alleging therein that the date of birth of the appellant/accused is 20.04.1944 and that the appellant/accused should have since retired from the Government service. On the basis of the said complaint, a preliminary enquiry was conducted by the Police of Police Station, Rehmbal and after conclusion of the said preliminary enquiry, FIR No. 57/2006 for the offences under Sections 420/467/468/471 RPC was registered with Police Station, Udhampur.

(3.) After investigation of the case, it was found that the appellant/accused and one Bodh Raj had, with a common intention, prepared a false document i.e school leaving certificate depicting the date of birth of the appellant/accused as 25.07.1955. However, accused Bodh Raj against whom offences under Sections 467/468 RPC were found established during the investigation of the case, passed away prior to the presentation of the charge sheet. Accordingly, the charge sheet came to be filed only against the appellant/accused herein.