GOPIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN Sessions Case No. 27/72, the learned Add!. Sessions Judge, Ajmer convicted and sentenced the accused Gopi Ram under Sections 471 and 417 of the Indian Penal Code Gopi Ram has been sentenced to undergo three years' rigorous imprisonment, and a fine of Rs. 30!/ -, or to suffer simple imprisonment for three months more under Section 471 and, to undergo one year's rigorous imprisonment and a fine of Rs.l0/ -, or in default to suffer imprisonment far two months under Section 417, I.P.C., Both the substantive sentences have been ordered to run concurrently.

(2.) ACCUSED Anjan Das and Mansingh were acquitted of the charges levelled against them by the learned Addl. Sessions Judge, Ajmer Gopi Ram preferred S.B. Criminal Appeal No. 451 of 1973 against his conviction and sentence, whereas the State preferred D B. Criminal Appeal No. 42 of 1974 against the acquittal of the accused persons, Anjan Das and Mao Singh. As both the appeals arise out of the same judgment of the learned Addl. Sessions Judge, Ajmer, they are being disposed of by us by a common judgment

(3.) IN the year 1968, some posts of. Head Constables had fallen vacant in various districts including Ajmer and a Committee was constituted headed by Shri Bhagirath Ram Bishnoi PW/9, Superintendent of Police, Ajmer and two Deputy Superintendents of Police to hold a test in order to promote constables, if they fulfilled certain condition and qualifications as laid down in the circular Ex. P/7, under which one of the condition, as prescribed in the Schedule of the relevant Police Rut's, was that only those constables who have either five years' service or High School passed and completed two years' service are eligible to appear at the examination, and passed the test, Gopi Ram had not completed five years' service, but applied to the Superintendent of Police, Ajmer shri Bhagirath Ram Bishnoi to allow him it other in the test. There was an objection from the office that Gopi Ram was not eligible as his qualification, as entered in the service book was only middle pass This objection was conveyed to Gopi Ram, who met Shri Bhagirath Ram Bishnoi, Superintendent of Police, Ajmer PW/9 in his office and told him that he has passed his matriculation examination and would produce the certificate after some time. The test was, to be conducted either on the next day for after a few days, and the request of Gopi Ram was allowed by Shri Bishnoi, and admission to the examination was granted provisionally. In the test Gopi Ram was declared successful, and in Ex. P/10, the list of successful candidates, the name of the accused Gopi Ram appeared at Sr No. 28 Gopi Ram accused, whose number as constable was 471, was thereafter promoted as Head Constable and pasted to Police Station, Nasirabad Sometime, thereafter Shri B.R. Bishnoi PW/9, Superintendent of Police, Ajmer came to know from secret sources that Gopi Ram accused was not matriculate and he had deceived him by producing forged mark sheet and certificate, Gopi Ram was sent for and asked to produce the original certificate of matriculation and the mark -sheet. Gopi Ram appeared before Shri Bishnoi PW/9 and produced the mark -sheet Ex. P/3, and the original High School Examination certificate PW/6. Shri Bhagirath Ram Bishnoi PW/9 sent these documents to the Secretary, Board of Secondary Education, Ajmer along with his letter, Ex. F/1, dated 12/8/1968, inquiring of him whether these documents were genuine. These documents were received by Kripa Shankar PW/12, the then Deputy Secretary of the Board, who after making inquiry, informed Shri Bishnoi PW/9, under his letter EsP2 dated 13/8/1963, that both the documents were forget that the facts were that one Gopi Ram son of Deda Ram resident of Ganganagar had appeared in the High School Examination in the year 1964, having Roll No. 16752; but he was declared unsuccessful and as such, no certificate was issued to him. It was also given out that one Goverdhan Lal son of Dhokal Ram was registered at Roll No. 18185 of Jodhpur district, and had passed High School in 1964. It was he who was issued a certificate to the effect having Sr No. 3843. and the mark sheet bearing No. 1636 was issued to one Fateh Chand whose Roll No was 1630. After receiving the information Shri Bhagirath Ram Bishnoi. PW/9, S.P., sent an information Ex. P/13/1 dated 13/8/1968 to the S.H.O. Civil Lines, Ajmer for registering a case. A case was registered by Phool Chand PW/1 then SHO Civil Lines who drew an FIR Ex. P/34. The accused persons were arrested and the specimen handwritings and signatures of accused Gopi Ram. Arjan. Dass and Man Singh were obtained. The disputed document Ex. P/3 and Ex. 16 and the specimen hand writings of the accused persons were sent to Shri C.T.Bhanagay PW/8. In the opinion of Shri Bhanagay PW8 the writer of the 'disputed documents was the same person who had written the specimen and standard writings.