- (1.) Accused petitioner Jata Shankar was convicted for offence under Section 471, IPC and sentenced to six months rigorous imprisonment with a fine of Rs. 100/- and in default to undergo one month's simple imprisonment. He was also convicted for offence under Section 170, IPC and sentenced to three months rigorous imprisonment by learned Chief Judicial Magistrate, Banswara by his judgment dated 16-12-1986. Petitioner preferred an appeal which was dismissed by learned Sessions Judge, Banswara on 7-10-1991. He preferred this revision petition.
(2.) Briefly stated petitioner Jata Shankar was a Lower Division Clerk in Education Department. On 29-12-1973 he submitted a forged order purported to have been issued by the Director, Education, Bikaner in which the petitioner was shown as a Central Government Employee and was ordered to be promoted on the post of Upper Division Clerk. This is Ex. P/1. On the basis of this order the Dy. Director, Education Department, Udaipur vide order Ex. P/2 promoted the accused petitioner and posted him as Upper Division Clerk in Government Secondary School, Nogama District Banswara. The petitioner joined there. He submitted his last pay certificate which was again a forged document and on the basis of which he was given more pay and allowances. Then on 10-3-1974 the petitioner produced a forged confidential letter Ex. P/4 purported to have been written by Director, Education Department, Bikaner ordering the Head Master that the petitioner may be paid his salary from April to July, 1974 from the students fund and that after regular bills of salary of the petitioner were passed the amount withdrawn on the basis of regular salary bills be deposited in the students fund. The petitioner again produced a document dated 28-12-1973 according to which leave from 4-3-1974 to 15-4-1974 and 25-4-1974 to 14-8-1974 was sanctioned and the Head Master was directed that the advance salary be paid to the petitioner. The petitioner was not satisfied only with this forgery but he produced a confidential forged letter Ex. P/28 before Jagan Singh Yadav, Head Master of Government Secondary School, Nogama in which it was ordered that salary of five teachers named therein be obtained from treasury and the amount be paid to ASI No. 775 (petitioner) in cash and receipt be obtained from him. It was also mentioned in the letter that the amount be sent in cash and may not be entered in regular cash book instead a supplementary cash book be opened and entry be made therein and the same be handed over to secret ASI No. 775. This letter was purportedly signed by Ramesh Vijay, Director of Education. Shri Jagan Singh Head Master had a suspicion on this letter and he wrote a Demi Official letter to the Director. Education and handed over the same to the petitioner. When he did not receive any reply he sent a reminder. That also went unacknowledged. The Head Master then contacted the District Education Officer, Director Education and Shri Ramesh Vijay as well as other officers of the Education Department and ultimately it revealed that all the papers were forged, that there was no secret official in the Education Department nor the petitioner was ever promoted. The petitioner had obtained a sum of Rs. 3077.11 on the basis of all these forged documents and had thus committed criminal breach of trust and forgery by preparing and using forged documents. The petitioner posed himself to be a secret ASI No. 775 while he was merely a Lower Division Clerk of the Education Department.
(3.) The case was registered, investigated and during the search a number of seals as well as other incriminating items were recovered from the possession of the petitioner. He was tried by learned Chief Judicial Magistrate, Banswara for various charges and ultimately only two charges were proved against him. He was convicted and sentenced as stated above.;