Research › Search › Judgment

Himachal Pradesh High Court · body

2014 DIGILAW 354 (HP)

Prem Lal v. State of Himachal Pradesh

2014-04-07

RAJIV SHARMA

body2014
JUDGMENT Rajiv Sharma, Judge: The Criminal Appeals No. 15/2012 and 29/2012 are instituted against the judgment dated 31.12.2011 rendered by learned Special Judge, Bilaspur, H.P., whereby appellants/accused persons, namely, Prem Lal and Jagar Nath, were convicted and sentenced for the charges framed against them. Accused Prem Lal was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 467 of the Indian Penal Code, to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for one month under Section 468 of the Indian Penal Code and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to undergo further imprisonment for one month under Section 120-B of the Indian Penal Code. Accused Jagar Nath was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 420 of the Indian Penal Code and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 467 of the Indian Penal Code, to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 471 of the Indian Penal Code and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 120-B of the Indian Penal Code. All the sentences have been ordered to run concurrently. 2. Since common questions of law and facts are involved in both the appeals, the same were taken up together for hearing and are being disposed of by a common judgment. 3. All the sentences have been ordered to run concurrently. 2. Since common questions of law and facts are involved in both the appeals, the same were taken up together for hearing and are being disposed of by a common judgment. 3. The prosecution case, in a nutshell, is that PW1 Krishan Lal filed a complaint Ext.PW1/A before the Vigilance Department, Bilaspur on 19.3.2007. According to him, date of birth of accused Jagar Nath was 5.5.1934 as per school record. He misguided the HPPWD by producing a false affidavit regarding his date of birth. He has attained the age of 72 years and was still working in HPPWD. According to birth certificate issued by the Government Primary School, Berthin, he studied in the school w.e.f. 10.6.1944 to 19.12.1949 vide admission No.429 dated 10.6.1944. A false affidavit has been filed by Jagar Nath in his Department at the time of regularization. The complaint, Ext.PW1/A was entrusted to PW14 Inspector Anant Ram vide letter Ext. PW14/A for conducting inquiry into the matter. During the course of investigation, PW14 Inspector Anant Ram collected photocopy of appointment order, medical certificate, joining report and birth certificate of Jagar Nath vide Ext.PW7A to Ext.PW7/F. He recorded statement of complainant PW1 Krishan Lal vide Ext.PW14/B. It was found during the course of investigation that accused Prem Lal, the then Secretary of Gram Panchayat Badagaon got changed date of birth of Jagar Nath from 1938 to 27.4.1948 and issued a false birth certificate of Jagar Nath vide Ext.PW7/F. At the time of regularization in the year 1994, Jagar Nath produced his affidavit showing date of birth as 27.4.1951 before Prem Lal for registration thereof in the Parivar Register. Thereafter, Prem Lal made overwriting about the year 1938 and shown the date of birth of Jagar Nath as 27.4.1948 instead of 27.4.1951 in the Parivar Register. Prem Lal had also made overwriting about the date of birth of wife of the Jagar Nath namely Savitri Devi and she was shown to have been born in the year 1958 instead of 1948. Consequently, FIR, Ext.PW15/B was registered. Investigation was completed and the challan was put up in the Court after completing all codal formalities. 4. The prosecution examined as many as nineteen witnesses in support of its case. The accused persons were examined under Section 313 Cr.P.C.. They denied the case of the prosecution and claimed innocence. Consequently, FIR, Ext.PW15/B was registered. Investigation was completed and the challan was put up in the Court after completing all codal formalities. 4. The prosecution examined as many as nineteen witnesses in support of its case. The accused persons were examined under Section 313 Cr.P.C.. They denied the case of the prosecution and claimed innocence. Learned trial court convicted the accused persons vide judgment dated 31.12.2011, as stated hereinabove. Hence, the appeals. 5. It is pertinent to note here that since Jagar Nath, in Criminal Appeal No.29/2012 died on 1.9.2012, an application bearing Cr.M.P. No.11684 of 2013 was filed by his widow, Savitri Devi seeking leave of the Court, to continue with the appeal. Delay was condoned and leave to appeal was granted by this Court on 23.12.2013. 6. Mr. Rajiv Jiwan and Mr. Sanjeev Bhushan, Advocates, have vehemently argued that the prosecution has failed to prove its case against the accused persons. 7. Mr. M.A. Khan, learned Additional Advocate General, has supported the impugned judgment dated 31.12.2011. 8. I have heard learned counsel for the parties and have gone through the record carefully. 9. PW1, Krishan Lal, deposed that he filed complaint vide Ext.PW1/A. According to him, date of birth of Jagar Nath in the Panchayat Record was 1938 and in the school record, it was 1934. He by filing an affidavit got his date of birth changed in Panchayat record as 27.4.1948. Accused Prem Lal was posted as Secretary in Gram Panchayat Badagaon in the year 1994. Jagar Nath got changed his date of birth in connivance with Secretary Perm Lal. 10. PW2, Ranjna Sharma, deposed that she remained as Panchayat Secretary of Gram Panchayat Badagaon from 2003 to 2008. She was associated in the investigation of the case by the vigilance personnel. According to her, in the year 2008, police took into possession original abstract of Pariwar Register, Part-I, page 90 pertaining to Jagar Nath vide Ext.PW2/A, wherein his date of birth was mentioned as 27.4.1948 by overwriting, which was earlier mentioned as 1938. Correction in Ext.PW2/A was done on the basis of affidavit dated 24.12.1994, Ext.PW2/B. During 1994, Prem Lal was Secretary of Gram Panchayat Badagaon. She had also produced before the vigilance personnel original affidavit of accused Jagar Nath Ext.PW2/B. The aforesaid documents were taken into possession vide memo Ext.PW2/C. 11. Correction in Ext.PW2/A was done on the basis of affidavit dated 24.12.1994, Ext.PW2/B. During 1994, Prem Lal was Secretary of Gram Panchayat Badagaon. She had also produced before the vigilance personnel original affidavit of accused Jagar Nath Ext.PW2/B. The aforesaid documents were taken into possession vide memo Ext.PW2/C. 11. PW3, HHC Dharam Singh, deposed that on 30.5.2008 the Investigating Officer took into possession admission/withdrawal register abstract pertaining to Jagar Nath vide memo Ext.PW3/A in his presence. On the same day, Ranjna Sharma, Panchayat Secretary produced documents before the vigilance personnel vide memos Ext.PW2/A, Ext.PW2/B, PW2/C, Ext.PW2/E, Ext.PW2/F, Ext.PW2/G, Ext.PW2/H and Ext.PW2/J. He deposited the case property at FSL Junga on 21.11.2008. 12. PW4, Shyama Nand, Petition Writer, deposed that he scribed affidavit Ext.PW2/B at the instance of Jagar Nath. 13. PW5, Mast Ram, Stamp Vendor, deposed that on 24.12.1994, Jagar Nath purchased stamp paper from him. He also made entry of stamp paper in the concerned register at Sr. No. 4974 on 24.12.1994. 14. PW6, Constable Krishan Lal, deposed that on 11.2.2009 on the order of Deputy Superintendent of Police, Vigilance, he visited FSL Junga and collected result and documents of the case and handed over the same to MHC Vigilance, Police Station Bilaspur on 12.2.2009. 15. PW7, Ishwar Dass, produced attested copy of appointment letter, Ext.PW7/A, medical certificate Ext.PW7/B, joining report Ext.PW7/C, date of birth certificate Ext.PW7/D, confirmation order Ext.PW7/E, original birth certificate of Jagar Nath Ext.PW7/F vide memo Ext.PW7/G. 16. PW8, Ram Lok, produced attested copy of admission and withdrawal register, Ext.PW8/A pertaining to page Nos. 25 and 26 before the vigilance personnel vide memo Ext. PW8/A. 17. PW9, Ranbir Singh, deposed that on 19.11.2008 he produced service book of retired Secretary Prem Lal, Ext.PW9/A before the vigilance personnel vide memo Ext.PW9/B. 18. PW10, HC Pawan Kumar, deposed that on 23.6.2008, Ishwar Dass, Junior Assistant, PWD Division, Ghumarwin produced documents Ext.PW7/A, Ext.PW7/E and Ext.PW7/F vide memo Ext.PW7/G. 19. PW11, Chuni Lal Thakur, deposed that he was Panchayat Secretary, Gram Panchayat Badagaon in the year 2009. He issued certificate Ext.PW11/A showing that accused Prem Lal remained Secretary of Gram Panchayat Badagaon from 31.12.1991 to 31.8.1998. 20. PW12, Kamlesh, deposed that accused Jagar Nath remained as Beldar on daily wage basis from 1983 to 1993 in Berthin Sub Division. He was regularized in the year 1994. At the time of regularization, he had not produced any school certificate. 20. PW12, Kamlesh, deposed that accused Jagar Nath remained as Beldar on daily wage basis from 1983 to 1993 in Berthin Sub Division. He was regularized in the year 1994. At the time of regularization, he had not produced any school certificate. As per service book, his date of birth was entered as 27.4.1948 and he retired on 30.4.2008 after completion of sixty years vide Ext.PW12/A. 21. PW13, Dharam Singh, deposed that he remained posted as Tehsildar, Ghumarwin in the year 1994. On 24.12.1994, he read over the contents of the affidavit, Ext.PW2/B to the accused Jagar Nath. He identified his signatures in the back side of affidavit, Ext.PW2/B in red circle vide Ext.PW13/A. 22. PW14, Anant Ram, deposed that he remained posted as Inspector in State Vigilance and Anti Corruption Bureau, Police Station Bilaspur from 2006 to August 2009. He conducted the inquiry into the matter and collected documents including copy of the appointment letter, joining letter and date of birth certificate of accused Jagar Nath. He recorded the statement of the accused Jagar Nath vide Ext.PW14/B. He proved his inquiry report, Ext.PW14/C. 23. PW15, Jagjivan Singh deposed that he remained Dy. Superintendent of Police, SV & ACB, Bilaspur from June 2007 to 2009. According to him, on receiving approval of higher authority vide letter Ext.PW15/A dated 14.2.2008, he registered FIR Ext.PW15/B. 24. PW16, Sidharth Sarpal, deposed that he remained posted as Judicial Magistrate, 1st Class, Bilaspur from 2007 to 2009. Specimen handwriting and signatures of accused Prem Lal in numbers and words were taken in his presence on papers Ext.PW16/A-1 to Ext.PW16/A-18. Similarly, specimen signatures of accused Jagar Nath were taken in his presence on papers vide Ext.PW16/A-19 to Ext.PW 16/A-26. 25. PW17, HC Baldev Singh deposed that on 19.11.2008 service book of accused of Prem Lal was taken into possession vide memo Ext.PW9/B. 26. PW18, Investigating Officer, Mehar Chand, deposed that during investigation Ranjna Sharma, Panchayat Secretary, Gram Panchayat Badagaon produced part-I, page 90 of Parivar Register of Jagar Nath, Ext.PW2/A. Original affidavit of Jagar Nath Ext.PW2/B was taken into possession vide memo Ext.PW2/C. Admitted handwritings of accused Prem Lal Ext.PW2/E and Ext.PW2/F were taken into possession vide memo Ext.PW2/H. Photocopy of admission and withdrawal register of the school, pages 25 and 26 were taken into possession. Abstract of stamp paper register Ext.PW5/B was taken into possession. Abstract of stamp paper register Ext.PW5/B was taken into possession. Appointment letter, medical certificate, joining report, confirmation order and birth certificate of accused Jagar Nath Ext.PW7/A, Ext. PW7/B, Ext.PW7/C, Ext.PW7/D, Ext.PW7/E and Ext.PW7/F were taken into possession vide memo Ext. PW7/G. He also obtained certificate Ext.PW11/A regarding services of accused Prem Lal. He produced the accused persons before the court of learned Judicial Magistrate, 1st Class, Bilaspur for taking their specimen signatures and handwritings. After completing the investigation, he handed over the case file to the Deputy Superintendent of Police, Jagjivan, who prepared the challan in the case. 27. PW19, Dr. Meenakshi Mahajan, Assistant Director, Documents and Photography Division, proved her report Ext.PW18/D. She thoroughly examined the exhibits in the Laboratory with the scientific aids namely VSC 2000 stereo microscope, compact video, microscope magnifying glass, photography, light systems in the light of principles of writing identification and detection of forgery. 28. FIR, Ext.PW15/B, was registered on the basis of complaint Ext.PW1/A. Though, it is true that PW1 Krishan Lal, who filed the complaint, Ext.PW1/A, had litigation with the accused Jagar Nath, however, his statement cannot be discarded on this basis only. Abstract of Pariwar Register, Ext.PW2/A has been proved by PW2 Ranjna Sharma. A bare perusal of abstract of Pariwar Register, Ext.PW2/A proves that year of birth of accused Jagar Nath was earlier recorded as 1938 and by making overwriting it was changed to 1948. His date of birth was shown as 27.4.1948. Affidavit, Ext.PW2/B was scribed by PW4 Shyama Nand, Petition Writer. He identified the accused Jagar Nath since he was personally known to him. He had made entry at Sr. No.1394 regarding affidavit, Ext.PW2/B. According to him, whatever was said by the accused Jagar Nath, he scribed the same in the affidavit, Ext.PW2/B. PW5, Mast Ram, Stamp Vendor, issued stamp paper to accused Jagar Nath and he made entry to this effect vide Ext.PW5/C. According to admission and withdrawal Register Ext.PW8/A, which was duly proved by PW8 Ram Lok, date of birth of accused Jagar Nath, son of Sant Ram, was entered as 5.5.1934 at Sr. No.429, whereas date of admission of the accused Jagar Nath in the school was 10.6.1944 and date of withdrawal was 19.12.1949. 29. Mr. Sanjeev Bhushan, learned Advocate, has vehemently argued that the accused Jagar Nath was never admitted in the school. There is no merit in the contention of Mr. No.429, whereas date of admission of the accused Jagar Nath in the school was 10.6.1944 and date of withdrawal was 19.12.1949. 29. Mr. Sanjeev Bhushan, learned Advocate, has vehemently argued that the accused Jagar Nath was never admitted in the school. There is no merit in the contention of Mr. Sanjeev Bhushan, learned Advocate in view of abstract of admission and withdrawal register, Ext.PW8/A. Jagar Nath was admitted in the school on 10.6.1944 and he left the school on 19.12.1949. He also argued that there was another person by the name of Jagar Nath in the village, who might have been admitted in the school on 10.6.1944. No evidence to this effect was led by the accused Jagar Nath. It is not in dispute that the accused Prem Lal had issued certificate dated 26.12.1994, Ext.PW7/F showing date of birth of accused Jagar Nath as 27.4.1948. This certificate was submitted by the accused Jagar Nath at the time of his regularization. In Ext.PW7/B, Medical Certificate, date of birth of the accused has also been shown as 27.4.1948. In the office order dated 24.6.1998, Ext. PW7/3, whereby accused Jagar Nath was confirmed, his date of birth is shown as 27.4.1948. The specimen figures, handwriting and signatures of the accused Prem Lal were obtained vide Ext.PW16/A-1 to Ext.PW16/A-18 before PW16, Sidharath Sarpal, the then learned Judicial Magistrate, 1st Class, Bilaspur. Inspector Mehar Chand had identified the accused Prem Lal before PW16 Sidharath Sarpal. According to PW19, Meenakshi Mahajan, the question items Q-1, Q-3, and Q-4 on Ext.PW2/A, Q-8, Q-9, and Q-10 on Ext.PW2/B and Q-2, Q-5, Q-6 and Q-7 on Ext.PW7/F. Likewise 26 leaves of specimen items blue, enclosed, stamped and marked, S-1 to S-26 on Ext.PW16/A-1 to Ext.PW16/A-26. The admitted items enclosed in blue colour and stamped and marked as A-1 to A-14. The admitted items A-1, A-4, A-7, A-2 and A-5 on Ext.PW2/E, A-3 and A-6 on Ext.PW2/F, A-8 on Ext.PW2/G, A-14 on Ext.PW18/B, A9 to A-11 in a register already exhibited as Ext.PW9/A, A-12 in register Ext.PW4/C at page Ext.PW4/D and A-13 in register Ext.PW5/B on page Ext.PW5/C. She has opined vide report Ext.PW18/D that the blue enclosed signatures and writings stamped and marked as S-1 to S-18 and A-1 to A-11 and red enclosed signatures and writings similarly stamped and marked as Q-1, Q-2 and Q-4 to Q-7, were written by one and the same person. The red enclosed figure writings stamped and marked as Q-3 was found to be overwritten and the original figures when deciphered could be read as ‘1938’ and ‘1948’. The blue enclosed signatures stamped and marked as S-19 to S-26 and A-12 to A-14 and red enclosed signatures similarly stamped and marked as Q-8 to Q-10, were written by one and the same person. The prosecution has conclusively proved the case against the accused persons. There is no illegality or perversity in the well-reasoned judgment rendered by the learned trial court. 30. Accordingly, in view of the observations and analysis, made hereinabove, there is no merit in the appeals and the same are dismissed. Bail bonds are ordered to be cancelled. Pending application(s), if any, also stands disposed of. No costs.