D.P.GUPTA, J. - (1.) THIS appeal has been preferred against the order passed by Sessions Judge, Pratapgarh on April 30, 1976 convicting the accused appellant Gafoor Beg for committing an offence punishable Under Section 471 IPC and sentencing him to 2 years' rigorous imprisonment and a fine of Rs. 5000/ -. in absence of payment of fine, to six months' further rigorous imprisonment.
(2.) THE facts of the case, which are no longer in dispute, are that the appellant Gafoor Beg was employed as a Bundle Lifter in Tehsil Pratapgrah. In the year 1965 a post of Patwari in district Chhitorgarh fell vacant. Appellant Gafoor Beg submitted an application, Ex. P. 11. on March 29, 1905 for his promotion and appointment as Patwari and represented in that application that he had passed Hindi Matric examination. Along with that application, the appellant filed Ex. p. 4, a copy of marks -sheet purporting to have been by the Head Master, Government Mnlti -purpose Higher Secondary School, Mandsore and showing that Gafoor Beg had passed the Matriculation examination. The application of appellant Gafoor Beg was accepted and the Collector, Chhitorgarh passed an order dated April 8, 1965 promoting the appellant from the post of Bundle Lifter to the post of Patwari. The appellant thereafter worked on the post of Patwari. He was, however, asked to produce the original Matriculation Certificate, as he only produced a copy of the marks -sheet, on the basis of which he was promoted as a Patwari. The appellant was unable to produce the original certificate and he took a false plea that the same was kept in the pocket of his coat, which by mistake was given by him for washing and thereby the original certificate was lost. The appellant expressed his inability to produce the original. The Collector, thereupon made enquiry from Head Master of the School from which the appellant is said to have passed the Matriculation examination. The Head Master of the Govt., Multipurpose Higher Secondary School, Mandsore reported that Roll No. 498, which the appellant had specified in the copy Ex. p. 4. was that of Rashid Beg and that the marks -sheet, copy of which was produced as one purporting to be that of Gafoor Beg, was really the marks -sheet of Rashid Beg, who had passed the Matriculation examination in 1963, appearing from that school. On receiving the aforesaid information from the Head Master of the School, the Collector filed a complaint before the police. After an investigation was made in the case, the appellant was charge sheeted in respect of offences Under Sections 420 and 471 J.P.C. Learned Magistrate discharged the appellant of the offence Under Section 420 IPC, but on revision to the Court of Sessions Judge, Pratapgarh, the order of discharge was set aside and the case was remanded to the learned Magistrate for further enquiry. Thereupon a charge under Section 420 IPC was also framed. During the pendency of the proceedings for committment, the new Criminal Procedure Code came into force and the accused was committed to the Court of Sessions.
(3.) LEARNED Sessions Judge, Pratapgarh framed charges Under Section 466 and 471 IPC against accused appellant. During his examination in the Sessions court, the appellant admitted that he never appeared in the Matriculation examination nor he passed the said examination. But he decided having prepared the marks -sheet, Ex. p. 4 but he admitted that he produced the same along with the application Ex. p. 10 before the Tehsildar, Pratapgarh seeking promotion to the post of patwari. After a trial, learned Sessions Judge acquitted the appellant of the offence under Section 466 IPC on the ground of absence of evidence, but, convicted him of the offence under Section 471 IPC and sentenced him for the said offence as stated above.;