LILABEN REVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner is original accused. The learned Judicial Magistrate First-Class, Shehra District-Panchmahals had convicted the petitioner for the offences punishable under Sections 465 and 471 of IPC and sentenced him to undergo Six months rigorous imprisonment and to pay fine of Rs. 3,000/- and in default, to undergo further imprisonment of one month. The petitioner filed Criminal Appeal No.28 of 2001 against the said judgment of conviction, which came to be dismissed by Additional Sessions Judge,10th Fast Track Court,Godhra. The learned Additional Sessions Judge affirmed the order of Trial Court. Hence, the present revision.

(2.) THE facts, in nutshell, are thus:-

(3.) ON the other hand, learned APP Mr.H.K.Patel has drawn attention to Section 471 of IPC. It was pointed out that petitioner is convicted for offence punishable under Section 471 of IPC, which pertains to using forged document. Thus, even if the document may not have been forged by the petitioner herself, mere use of the same attracts Section 471 of IPC. It was submitted that two Courts have concurrently found the petitioner to be guilty and therefore, this Court should not interfere in concurrent findings of two Courts.