PADUM KUMAR Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2020-1-32
SUPREME COURT OF INDIA
Decided on January 14,2020

Padum Kumar Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Referred Judgements :-

VIDE LORD PRESIDENT COOPER IN DAVIS V. EDINDURGH MAGISTRATE [REFERRED TO]
RAM CHANDRA VS. STATE OF UTTAR PRADESH [REFERRED TO]
ISHWARI PRASAD MISRA VS. MOHAMMAD ISA [REFERRED TO]
SHASHI KUMAR BANERJEE VS. SUBODH KUMAR BANERJEE [REFERRED TO]
FAKHRUDDIN VS. STATE OF MADHYA PRADESH [REFERRED TO]
MAGAN BIHARI LAL VS. STATE OF PUNJAB [REFERRED TO]
MURARI LAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
S GOPAL REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

R.BANUMATHI,J. - (1.)Leave granted.
(2.)This appeal has been preferred challenging the impugned judgment dated 19.02.2018 passed by the High Court of Judicature at Allahabad in Criminal Revision No.511 of 2006 whereby the High Court dismissed the revision petition filed by the appellant confirming his conviction under Sections 467 and 468 IPC and the sentence of imprisonment imposed upon him.
(3.)Briefly stated case of the prosecution is as under:-
The appellant-Padum Kumar was then working as Postman in Indira Nagar Post Office, Lucknow. On 09.04.1992, PW-3-Dr. M.L. Varshney, Professor, Agriculture Institute, Naini, Allahabad had sent a registered envelope No.0095 to the Complainant-Dr. K.B. Varshney (PW-1) from the Sub-Post Office of the said Institute. The said envelope contained four Indira Vikas Patra of value of each Rs.5,000/- totalling Rs.20,000/-. The envelope did not reach PW-1- Dr. K.B. Varshney; therefore, on 27.04.1992, PW-3-Dr. M.L. Varshney made a complaint before the Post Master, Post Office, Agriculture Institute, Naini, Allahabad. PW-1-Complainant-Dr. K.B. Varshney also enquired from Indira Nagar Post Office. On 29.04.1992, PW-1 had also filed a complaint to the Senior Superintendent, Department of Posts that the envelope Registry No.0095 has not been received. On 14.05.1992, information was received from Senior Superintendent, Post and Telegraph, Lucknow that a person named "Mohan" has received the aforesaid registry on 13.04.1992. Then, PW-1 and his son Devesh Mohan-PW-2 went to Indira Nagar Post Office and saw the signature where it has been written as "D. Mohan". Complainant's son is also named Devesh Mohan (PW-2). On being shown the signature, PW-2 denied that the signature in question belongs to him. A case was registered in Crime No.394/1992 under Sections 420, 467 and 468 IPC at P.S. Ghazipur, Lucknow. The case was investigated. Later on, the investigation of the case was entrusted to C.B. C.I.D.

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