PARKASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the order of Special Judge, Bhiwani dated 30th July, 1986, whereby the present appellant was convicted under Sections 467 and 471 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 100/- under Section 467 IPC. In default of payment of fine, he was to undergo further R.I. for one month. The appellant was also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 200/- under Section 471 IPC. In default of payment of fine, he was to undergo further R.I. for one month. Both the substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) In brief, the facts of the prosecution case relevant for the disposal of this appeal are that during investigation of a case registered under FIR No. 162 on the basis of a complaint dated 2nd July, 1980 filed by Gurnam Singh, under Section 5(2) of the Prevention of Corruption Act and under Sections 161/165-A IPC, it came to light that the present appellant in connivance, and, in conspiracy with his other co-accused Ram Bilas and Lila Ram had issued fictitious diesel oil permits in the name of fictitious persons, and, vehicles, and, these permits were disposed of by them after charging 50 paise to Re. 1/- per litre over and above the control price. Inspector Ved Raj recovered a large number of permits from various Petrol Pumps in Narnaul district. Thirty-one office copies of the permit books were produced by the present appellant on 3rd July, 1980, the perusal whereof reveals that 471 permits were not entered in those permit books as the duplicate thereof were not available. Further investigation revealed that 184 permits were found to be forged and the present appellant used to forge these permits in conspiracy with his other two co-accused. After completion of investigation, the present appellant and his other two co-accused were challaned and tried by the Special Judge. After the conclusion of prosecution evidence, the appellant in his statement under Section 313 of the Code of Criminal Procedure pleaded false implication and stated that he was posted as Assistant Food and Supplies Officer, Narnaul in June, 1980 and that he was falsely implicated at the instance of Gurnam Singh and Daljit Singh who made false complaints against him. According to him, he was kept in the police lock-up from 2nd July, 1980 to 4th July, 1980 and the signatures were obtained on certain papers under pressure. The Special Judge, however, convicted the present appellant under Sections 467 and 471 IPC but acquitted his both co-accused Ram Bilas and Lila Ram of the charged.

(3.) Aggrieved against his conviction and sentence passed by the Special Judge, Parkash Chand, the present appellant has filed the present appeal.