KASHINATH DATTU KALBHOR Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2010-3-52
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on March 11,2010

KASHINATH DATTU KALBHOR Appellant
VERSUS
STATE OF MAHARASHTRA Respondents




JUDGEMENT

Shrihari P. Davare, J. - (1.)This is a Criminal Revision Application preferred by the petitioner (original accused) challenging the legality and correctness of the judgment and order of conviction passed by the learned Judicial Magistrate, First Class, Ahmednagar, on 30.6.1997, and also challenging the judgment and order dated 25.11.1999, rendered by III Additional Sessions Judge, Ahmednagar in Criminal Appeal No. 52 of 1997, confirming the said conviction and sentence awarded to the petitioner herein and prays that same may be quashed and set aside.
(2.)The factual matrix, which can be summarised, is as under.
The Chief General Manager of Telephones, Maharashta State issued an advertisement for recruitment to the posts of Telephone Operators, and the applications were invited therefor. The petitioner herein applied in pursuance of the said advertisement and after scrutinizing the applications, he was called for test and interview on 22.2.1990 at Telephone Bhavan, Ahmednagar. He was selected in the test and interview. At the time of scrutiny of the applications, the petitioner produced documents/qualification on 28.4.1990. After selection, he undergone three months training and he was given posting at Kopergaon. As per office rules, the documents produced by the petitioner were sent for verification to the Educational Board on 4.1.1990 and the said documents comprised, Secondary School Certificate, Mark Sheet, School Leaving Certificate and Military Discharge Card. However, during verification, it transpired that the documents produced by the petitioner were forged and he represented the Telecom Department i.e. the complainant that those four documents are genuine documents and accordingly secured job. During his employment, he drew salary to the tune of Rs.30189/- from the Telecom Department for the period from 22.2.1990 to 18.2.1992. In fact, some posts were reserved for Ex- Servicemen and the petitioner applied and secured job in the said category. According to the complainant, the petitioner/accused produced four documents and secured job of Telephone Operator and cheated the Telecom Department. Hence, complaint was filed before L.C.B. Ahmednagar by the complainant, namely Dayaram Kukreja, Assistant Engineer, H.R.D., Telecommunications and District Manager, Ahmednagar and an offence came to be registered at Kotwali police station under C.R.No. 36 of 1993 under Sections 468, 471 and 420 of the Indian Penal Code.

(3.)During investigation, the police personnel seized the documents which were produced by the complainant under panchanama Exh. 113, as well as recorded statements of witnesses. It was revealed during the course of investigation that the documents viz. Secondary School Certificate, Mark Sheet and School Leaving Certificate produced by the petitioner were forged. Accordingly, after completion of investigation, charge sheet came to be filed against the petitioner and the case was numbered as R.T.C. No. 365 of 1993. The learned Judicial Magistrate, First Class, Ahmednagar conducted the said case and after recording the evidence of witnesses concluded that the petitioner/accused is guilty and convicted him or the offences punishable under Sections 468, 471 and 420 of the Indian Penal Code and sentenced him to suffer S.I. for six months under each count for the afore said offences and directed all the substantive sentences to run concurrently, and further directed to pay fine of Rs.500/- on each count and in default of payment of said fine to suffer S.I. For one month on each count.


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