- (1.) KUNDAN Singh, J. List has been revised. Nobody is present on behalf of the applicant to press this revision.
(2.) THIS revision has been directed against the judgment and order dated 2-5-84 of 11 th Additional Sessions Judge, Agra dis missing the Criminal Appeal No. 6 of 1984 and affirming the conviction and sentence of the applicant awarded by the learned Magistrate by his judgment and order dated 24-12-83 in "case No. 925 of 1983 under different terms with minor modification. The applicant presented applica tions Ex. Ka. 1 to Ka. 4 before the Regional Manager, U. P. Slate Roadways Transport Corporation. Ex. Ka. 1 was letter by the applicant for the appointment on the post of T. I. in the vacant post. There was a recom mendation of Shri Abid Ali, the then Mini ster of Transport, the application Ex. Ka. 2 was a letter of Jahangir Singh for the ap pointment of Conductor, there was an en dorsement for the sanction of post of Con ductor by the then Chief Minister Shri Ram Naresh Yadav. The Ex. Ka. 3 was letter of Jahangir Singh with an order sanctioning the post of Conductor by Shri Abid Ali the then Minister of Transport, similarly on the typed letter in english, Ex. Ka. 4 of Hakim Singh with a recommendation of Shri Abid Ali the then Minister of Transport for the promotion to TA Grade-I. Shri K. Lal, Regional Manager of Roadways suspected of some foul play hence he asked his clerk to verify the signatures of the authorities con cerned. During the investigation it was found that the recommendations allegedly made by the Transport Minister or by Chief Minister were forged. The court below after examining the evidence on record came to the conclusion that it was the accused Raghuraj Singh who has presented the Ex. Ka. 1 to Ka. 4 before Shri K. Lal containing the alleged endorsements of Transport Min ister and Chief Minister. Dr. Mohd. Ezaz has given cogent reasons for giving his opinion that the disputed handwriting on the applications Ex. Ka. 1 to Ka. 4 were written by some person who gave a specimen signature on the copy taken by the police from the custody of Raghuraj Singh and the specimen signature given by Raghuraj Singh. The learned Session's Judge affirmed the finding recorded by the learned Magistrate to the effect that the documents of the applications Ex. Ka. 1 to Ka. 4 were forged, they were not in the handwriting and signatures of Shri Ahid Ali, the then Transport Minister and Shri Ram Naresh Yadav, the then Chief Minister and they were presented by applicant himself before Shri K. Lal, Regional Manager Transport and they were in the handwriting of Shri Raghuraj Singh. The learned Magistrate believed the prosecution evidence recorded the conviction and sen tence of the applicant to two years R. I. and fine of Rs. 1,000 under Section 466, I. P. C. , in default of payment of fine the applicant was directed to undergo for a further period of three months R. I. ; R. I. for a period of nine months and fine of Rs. 500, in default of payment of fine to undergo for a further period of 1 1/2 months R. I. under Section 468 I. P. C; to nine months R. I. and a fine of Rs. 500, in default of payment he was further directed to undergo R. I. for 1 1/2 months R. I. under Section 471, I. P. C, while under Section 417, I. P. C. R. I. for six months by judgment and order dated 24-12-83. Being aggrieved the applicant preferred the ap peal against his conviction and sentence. The learned Sessions Judge XI Additional Sessions Judge, Agra after considering the evidence on record altered the conviction under Section 417, I. P. C. to one under Sec tion 417/511, I. P. C. modifying sentence to the extent of three months conviction and sentence awarded under Section 466, 468 and 471 were maintained by his judgment and order dated 2- 5-84. He also affirmed the sentence of two years R. I. and a fine of Rs. 1,000 in default of payment of fine to under go for further three months R. I. under Sec tion 466 I. P. C, nine months R. I. and a fine of Rs. 500 in default of payment of fine to undergo further 1 1/2 months' R. I. under Section 468, I. P. C, and under Section 471, I. P. C. to nine months R. I. and a fine of Rs. 500 in default of payment of fine to undergo 11/2 months' R. I. with a direction to run all the sentences concurrently. I have perused the relevant papers with the assistance of learned A. G. A. Both the courts below have recorded the categorical findings that it was the applicant who presented those applications which contained forged endorsements and signa tures of Transport Minister and Chief Mini ster. By the expert it has been proved that those handwriting and signatures were in the handwriting and signature of the ap plicant and those applications were presented for the promotion and appoint ment before Mr. K. Lal.
(3.) I do not find any ground for inter ference. Accordingly, the revision has no merit and is dismissed. The conviction and sentence awarded by the trial court, af firmed with the modification by the lower appellate court are maintained. The ap plicant is on bail he shall be taken into custody forthwith to serve the sentences. Revision dismissed. .;