IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Revision No. 1157 of 2001 Date of Decision: February 02, 2009 Gurmeet Singh ...........Petitioner Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.Kuldip Sanwal, Advocate for the petitioner. Mr.Amandeep Singh Rai,AAG Punjab ** Sabina, J. Gurmeet Singh-petitioner was sent up for trial along with Iqbal Singh for an offence under Sections 419, 420, 467, 471/34 of the Indian Penal Code (`IPC' for short) in FIR No. 52 dated 23.4.1993 registered at Police Station City Khanna. Vide judgment dated 9.5.2000, petitioner and Iqbal Singh were convicted for an offence under Sections 419, 420, 467, 471/34 IPC. Vide an order of the even date, petitioner was sentenced to undergo one year rigorous imprisonment under Section 419 IPC; one year rigorous imprisonment and fine of Rs. 300/- under Section 420 IPC, in default of payment of fine to further undergo rigorous imprisonment for 15 days and two years rigorous imprisonment and fine of Rs.500/- under Section 467 IPC and in default of payment of fine, to further undergo rigorous imprisonment for two months. All these sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, vide his judgment dated 14.7.2001, Hence, the present revision petition. Crl. Revision No. 1157 of 2001 -2- Prosecution story, in brief, as noticed by the Appellate Court in para 2 of its judgment is as under:- “ Concisely stated, case of the prosecution, as revealed by final report submitted under Section 173 Cr.P.C. and documents appended therewith, is that one Iqbal Singh son of Nikka Singh resident of Devi Nagar ,District Patiala was selected and appointed as SPO (Auxiliary Constable) in Police District Khanna. During checking of reports regarding work of Auxiliary constables it was found that Iqbal Singh had connived with present appellant to fox the State of Punjab for getting himself selected and medically examined. On his application for appointment Iqbal Singh furnished his particulars but the photograph of appellant Gurmeet Singh, already posted as a constable in PAP Jalandhar, was pasted thereupon purporting to be the photograph of Iqbal Singh. It was the appellant who impersonated himself as Iqbal Singh at the time of medical examination before Chief Medical Officer Ludhiana and had also appeared as Iqbal Singh at the time of physical test, written test and interview in 1992. On coming to know about these facts, the OASI Inspector Som Nath of Police District Khanna wrote an official note to SHO PS Khanna on the basis whereof FIR No. 52 of 23.4.93 was registered at PS Khanna against both of Iqbal Singh and Gurmeet Singh. After completion of consequent investigations challan was presented against the accused. After complying with the provisions of Section 207 Cr.P.C. the final report was undergone by the Ld. Trial Court Crl. Revision No. 1157 of 2001 -3- to find a prima facie case punishable under Sections 419/420/467/471/34 IPC against both of Iqbal Singh and Gurmeet Singh and they were charged thereunder. Upon accused pleading not guilty to the charges and claiming trial, prosecution was asked to lead evidence in support of the charges.” Learned counsel for the petitioner has argued that there was no evidence against the petitioner with regard to alleged offence. Prosecution had failed to prove its case. Learned counsel for the State, on the other hand, has submitted that the petitioner had appeared before the Medical Officer impersonating himself as Iqbal Singh so that he (Iqbal Singh) could be selected for the post of Auxiliary Constable. Dr. Faqir Chand was examined as PW1 and he deposed that on 3.12.1992, medical examination of Iqbal Singh was conducted for the purpose of entry in Government service. It was found that he was not having any requisite height and chest as per the prescribed standards. Then, on 22.12.1992, another person appeared before PW1 as Iqbal Singh and he was medically examined on 7.1.1993 and he was declared fit on 7.1.1993. Both the persons were present in the Court. ASI Palwinder Singh (PW3) proved the copy of the order dated 29.9.1992 vide which Iqbal Singh was recruited as SPO. ASI Som Nath (PW6) deposed that on suspicion that Iqbal Singh was not having the requisite height and measurement of chest, he found that the application form attached with the file was having photograph of Gurmeet Singh- petitioner although the name and address and other particulars were of Iqbal Singh. Certificate of Iqbal Singh was Crl. Revision No. 1157 of 2001 -4- attached with the file. On inquiry Iqbal Singh disclosed to ASI Som Nath that he had paid Rs.12,000/- to Gurmeet Singh to appear on his behalf for physical test and interview. Neelam Bhatia (PW10) proved the record to corroborate the testimony of PW1-Dr.Faqir Chand. Thus, the petitioner had impersonated himself as Iqbal Singh at the time of physical test which enabled Iqbal Singh to get the job of Auxiliary Constable. In these circumstances, the impugned judgments of the Courts below, whereby the petitioner was convicted and sentenced under Sections 419, 420, 467, 471/34, call for no interference. Dismissed. ( Sabina ) Judge February 02, 2009 arya