RAJENDRA KUMAR (SINCE DECEASED) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition has been filed under Sections 397 and 401, read with Section 394, Cr.P.C. by the wife of deceased accused Rajendra Kumar, Smt. Krishna Devi, in which, the judgment dated 5.8.1991 passed by the Judicial Magistrate, Srikaranpur in Criminal Case No. 198/1980 accused deceased Rajendra Kumar was convicted for offences under Sections 467, 468 and 471, I.P.C. for 2 years rigorous imprisonment for each of the offences and pay fine of Rs.100/- in respect of each offence, so also, judgment of the Addl. Sessions Judge No. 1, Sriganganagar (Camp Srikaranpur) dated 15.7.1992 passed in Criminal Appeal No. 60/1992 whereby appellate Court affirmed the judgment dated 5.8.1991.

(2.) Brief facts of the case are that the Tehsildar (Revenue), Srikaranpur filed a complaint as per direction of the District Collector, Sriganganagar in Police Station, Srikaranpur on 19.10.1979, upon which, an F.I.R. No. 82/1989 was registered for offences under Sections 409, 420, 467, 468, 471 and 474, I.P.C. As per allegation levelled in the complaint, the accused late Rajendra Kumar who was working as Patwari drew amounts of Rs.775/- and Rs.8,519/- by preparing bills of arrears and fixation of pay on the basis of letter Ex.P-2 dated 2.3.1979, issued by the Board of Revenue, Ajmer, under which the deceased accused Rajendra Kumar got financial benefits, was a fabricated document and, on that basis, while preparing two documents, the amounts were withdrawn by him while working on the post of Patwari.

(3.) After investigation, it was found that letter Ex.P-2 was not issued by the Board of Revenue under signature of Ganpat Singh and the said document was fabricated by the accused for taking benefit of increment and fixation of pay. After investigation, the police filed challan against the accused for offences under Sections 409, 420, 467, 468, 471 and 474, I.P.C. Thereafter, the trial Court proceeded to conduct the trial and, for that purpose, the prosecution examined 14 witnesses and, after completion of trial, statement of accused late Rajendra Kumar was recorded under Section 313, Cr.P.C. but no evidence was produced by the accused in his defence. Thereafter, the trial Court proceeded to decide the matter finally and vide judgment dated 5.8.1991 accused late Rajendra Kumar was convicted by the Munsiff and Judicial Magistrate (First Class), Srikaranpur and sentenced for two years simple imprisonment for each of the offences under Sections 467, 468 and 471, I.P.C. along with fine of Rs.100/- for each offence.