LAWS(JHAR)-2023-6-35

MATHURA PRASAD PANDEY Vs. STATE OF JHARKHAND

Decided On June 19, 2023
Mathura Prasad Pandey Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant revision application is directed against the judgment dtd. 26/3/2018, passed by learned Additional Sessions Judge- II, FTC, Bokaro, whereby the Cr. Appeal No. 38 of 2015, preferred by the petitioner has been partly allowed and the judgment of conviction and order of sentence, both dtd. 31/3/2015, in G.R. No. 1573 of 1998, corresponding to T.R. No. 1179 of 2015, passed by the learned Sub Divisional Judicial Magistrate, Bokaro; whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for two years under Sec. 414 of the Indian Penal Code and also to undergo RI for two years under Sec. 120 B of the IPC, and both the sentences were ordered to run concurrently, has been modified to the extent that the conviction has been confirmed but the sentence has been modified for period already undergone.

(3.) The prosecution case in brief is that the informant Sri N.K. Saha, Assistant Superintendent of Post Office received an anonymous call with respect to some fake revenue stamps collected and kept by one Mathura Prasad Pandey who was in officiating postman of the B.S. City, R.S. Post Office for the purpose of selling it. Just after receiving the said information, he went to the place of that fellow and interrogated by keeping him in confidence and when the petitioner disclosed everything in this context for keeping fake revenue stamps with him and he produced the same kept in his residence, worth Rs.7,480.00 then the informant took his signature on the back side of the revenue stamps and he prepared a seizure list for that. The petitioner disclosed about one Gauri Lal Bouri, Assistant Post Master, B.S. City and his brother-in-law Dina Nath Pandey were the persons who had supplied the said fake revenue stamps to him for purpose of marketing and he also disclosed that several other documents like NSC, KVP and IVP were kept in the residence of Gouri Lal Bouri, Prabhunath Gupta and Raju Verma and on search operation those documents may be recovered from their place. It is further alleged that on the said information the matter was duly inspected and a huge amount of NSC, KVP and IVP were seized from the House of one Gouri Lal Bouri. Accordingly, FIR was registered against five accused persons including the petitioner under Ss. 414, 420, 467, 468, 471 and 120B of the Indian Penal Code.