RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) The accused-appellant was put to trial for commission of offences u/ss. 420,474,467,468 & 473 RPC. He was convicted u/ss 466,474,420,read with sec.511 RPC by the learned Sessions Judge Kathua by his judgment dated 16.5.1992. Learned Sessions Judge vide his order dated 20.5.1992 sentenced the accused to undergo imprisonment for three years and a fine of Rs.50/- for commission of offences u/ss 466,474 & 420/511 RPC on each count, in default of payment of total fine of Rs.150/- he was directed to undergo simple imprisonment for 15 days for each default. All the sentences were however ordered to run concurrently.

(2.) The case of the prosecution before the trial court was that four brothers namely Bhagwant Singh,Dhanwant Singhm,Patwant Singh and Gurjeswant Singh sons of S.Surinder Singh applied for issuance of permanent resident certificates in their favour under application No.467 dated 9.1.1984. Tehsildar Kathua after holding the inquiry vide his letter No.666 dated 10.4.84 wrote to the Assistant Commissioner that all the applicants are proved to be permanent residents of the State. The Assistant Commissioner did not agree with the finding of the Tehsildar and desired that further documentary evidence be called for from the applicants. There is no record to indicate that the applicants were so informed before the file was consigned to records by the Tehsildar on 14.7.87. However, on the file there is an order dated 10.6.87 directing for issuance of duplicate summons for the appearance of the applicants on 14.7.87 but the same appears to have not been carried out. After some time the accused Raj Kumar was introduced to one of the applicants namely Bhagwant Singh by his friend, Jagjit Singh, as a conduit to assist him in getting the certificates issued in their favour. The accused is alleged to have demanded Rs.500/- for getting all the four certificates issued. Thereafter it is alleged that all the four certificates were delivered to PW Bhagwant Singh,as promised but these were not found complete, so were returned to the accused for completion. In the meanwhile the police appears to have been informed about the matter on 21.2.1989. The accused was arrested and four permanent residents certificates purported to be issued in the name of PWs Bhagwant Singh and his three brothers came to be recovered. The arrest of the accused also led to the recovery of stamps bearing the impressions of Dy.Commissioner and Tehsildar Kathua and one certificate purporting to be of PW Miss Urmila from his possession. After investigation charge sheet against the accused came to be filed for commission of offences u/ss. 420,467,468,473,474 RPC, Charges were framed and accused was called upon to plead. He pleaded not guilty. Prosecution examined PWs Ashok Kumar,Natha Singh,Janak Raj,Patwant Singh, Smt.Urmila ,Dhanwant Singh, Isher Dass, Gurjaswant Singh,Satpal,Bhagwant Singh, Syed Abdul Qayoom,Kuldeep ,Singh Manhas,Joginder Kumar Sahni,Inspector Krishan Chand Pathania and Inayatullah Khan.The incriminating circumstances appearing in the evidence of the prosecution witnesses were put to the accused while recording his statement u/s 342 Cr.PC. He denied the allegation of having forged the permanent residents certificates. In defence he examined DWs Ram Chand and Parkash.

(3.) Prosecution through its evidence sought to prove following four circumstances by four sets of evidence.Firstly prosecution sought to prove the recovery of alleged forged P.R.Cs EXP1 to EXP4 and EXP5 and two rubber stamps bearing the seal impressions of Dy.Commissioner and Tehsildar Kathua pursuant to the disclosure statements of the accused. The prosecution also sought to prove by other set of evidence that the certificates EXP1 to EXP4 and 5 were infact forged certificates. The third set of witnesses was examined to prove that the certificates are not genuine and those were never issued by the office of the Dy.Commmissioner nor these were processed by the Tehsildar Kathua. The 4th set of evidence was led to establish that these certificates were forged by the accused. Learned trial court considered the said four sets of prosecution evidence. The evidence about arrest and personal search of the accused comprises of the statements of PWs Ashok Kumar,Natha Singh and the I.O. K.C.Pathania. PW K.C.Pathana when came in the witness box stated that the case against the accused was registered on 21.2.1989 and investigation of the case was entrusted to him by the then SHO Sh.Roshanlal Abrol. According to him he arrested the accused u/s 54 Cr.PC and from the personal search of the accused documents EXP1 to EXP4 were recovered and after recovery of said certificates the accused disclosed to him that two rubber stamps bearing the impressions of Dy.Commissioner and Tehsildar, alongwith stamp pad and one PRC of Mst.Urmila have been kept by him in one of his rooms. The disclosure was reduced into writing vide EXPWAK/2 and thereafter they left for the village of the accused. The accused picked up a suitcase from his house from where two rubber stamps and certificate EXP5 were recovered. . The marginal witness of the seizure memo EXPWAK/1 and arrest of the accused is PW Ashok Kumar. He has stated that the accused was arrested by the police near Old Nagri Bus stand Kathua and on his search certificates EXP1 to EXP4 were recovered from his pocket; that the police officer who effected the arrest interrogated the accused who disclosed that a certificate and some stamps have been kept by him in his house. He proved the contents of the disclosure memo. The other witness of arrest and seizure is PW Natha Siingh but when he came in the witness box he turned hostile but he has admitted his signatures on EXPWAK/2 which according to him was prepared in Police station Kathua. He also admitted his signatures on seizure memo EXPWAK/1. He admitted that EXP1 to EXP4 as detailed in the seizure memo were seen by him in possession of the police officer but denied that these were recovered from the possession of the accused.