IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No. : 205 of 2004. Decided on: 29th March, 2011. _________________________________________________________ State of Himachal Pradesh. …Appellant. -Versus- Suresh Kumar Gupta and another. …Respondents. Coram: The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1Yes. __________________________________________________________ For the appellant : Mr. Ramesh Thakur, Assistant Advocate General. For respondent No. 1 : Mr. G.D. Verma, Senior Advocate with Mr. B.C. Verma, Advocate. For respondent No. 2 : Mr. Ramakant Sharma and Ms. Lalita Verma, Advocates. ---------------------------------------------------------------------------------------- Surjit Singh, Judge(Oral) : This appeal by the State is directed against the judgment dated 13.02.2004, of the learned Special Judge, Solan, whereby, respondents Suresh Kumar Gupta and Rameshwar Dass, have been acquitted of the charge, under Sections 467, 468, 465, 471, 420 read with Section 120-B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988. 2. Prosecution case, which led to the trial of the respondents for the aforesaid offences, may be stated. 1 Whether the reporters of the local papers may be allowed to see the judgment? - 2 - Respondent -Rameshwar Dass was employed as daily waged worker in Irrigation and Public Health Department and posted as Fitter in a Sub-Division at Nalaragh. On 24th November, 1988, while repairing some pipe, he met with an accident and sustained an injury on his mouth, which resulted in defoliation of one of the teeth. Also, there was an injury to the upper lip. No other injury was there. He was taken to hospital at Nalagarh. Medical was conducted and Medico Legal Certificate was issued. In the certificate also, there was reference of injury to one of the teeth only and cut injury of upper lip. 3. Soon after the accident and the issuance of Medico Legal Certificate, a reference was made by the S.D.O., Irrigation and Public Health Department to the Commissioner under Workmen’s Compensation Act (hereinafter referred to as Act). Respondent Suresh Kumar Gupta was the Commissioner under the Act. Matter remained pending with the said Commissioner under the Act for quite some time, on account of respondent’s (Rameshwar Dass) failure to produce the disability certificate. He produced copy of a disability certificate on 28.06.1993, showing that he had sustained 65% permanent disability in respect of right upper limb (right arm). On the basis of this certificate, respondent Suresh Kumar Gupta awarded a sum of `70,054/- by way of compensation. 4. On receiving the copy of award of the Commissioner under the Act, department deposited the aforesaid amount of money, but, at the same time, wrote to the Commissioner not to disburse the money as it was intended to file an appeal. When - 3 - copies of documents, including disability certificate were obtained, the department found that disability certificate had been tampered with, inasmuch as, the percentage of the disability which appeared to have been written as 25%, had been increased to 65% by over-writing digit ‘2’. Matter was enquired into and it was found that the doctor had determined the percentage of disability at 25% only and that this percentage had been raised to 65% by changing the digit ‘2’ into ‘6’. 5. A criminal case was registered against both the respondents. Police investigated the case and felt that there was a conspiracy between the two respondents to cheat the Government. Respondent Rameshwar Dass took the plea that he had been paid only a sum of `44,000/- and not the entire amount of `70, 054/-. 6. On completion of investigation, report under Section 173, Cr. P.C. was filed. Learned Special Judge, after complying with the provisions of Section 207, Cr. P.C. and hearing the learned Public Prosecutor and learned defence counsel, felt that a prima-facie case under the aforesaid penal provisions of Indian Penal Code and Prevention of Corruption Act, was made out. Respondents were charged accordingly. They pleaded not guilty. 7. Prosecution examined a number of witnesses, besides proving several documents to bring the charge home to the respondents. Respondents, in their examinations, under Section 313, Cr. P.C. denied that there was any conspiracy or that the disability certificate had been forged. Trial Court - 4 - acquitted the respondents, holding that the case was not proved beyond reasonable doubt. 8. Respondent Suresh Kumar Gupta has been made an accused with the allegation of conspiracy, apparently, for the reason that the other respondent Ramesh Dass, during the course of investigation, stated that he had been paid only a sum of `44,000/-, which implied that the rest of the amount had been retained by respondent Suresh Kumar Gupta, Commissioner under the Act. 9. Firstly, the statement of Rameshwar Dass, implicating the co-accused Suresh Kumar Gupta, cannot be made the basis for holding Suresh Kumar Gupta guilty. Secondly, the plea taken by respondent Rameshwar Dass is falsified by the fact that on the receipt, Ex. P-40, against which, he received the compensation money, he wrote in his own hand that he had received `70,054/-. The writing, marked blue in Ex. P-3, is proved to be in his hand by the opinion of hand-writing expert, namely, Shri N.C. Sood, Deputy Government Examiner, Questioned Documents. So, the appeal as against respondent Suresh Kumar Gupta is dismissed. 10. So far as respondent Rameshwar Dass is concerned, the very fact that he derived benefit by using the certificate as piece of evidence before the Commissioner under the Act, suggests that he is guilty, atleast of the offence of using a forged document (copy of the disability certificate) dishonestly for making unlawful gain for himself and causing unlawful loss to the State, if not of the offence of forgery itself, because of lack of - 5 - evidence with respect to the allegation that percentage of disability in the copy of certificate, Ex. P-3, had been altered by him. The original certificate, which the prosecution proved by summoning from the record of the Government Hospital, Solan, is Ex. P-1, in which, percentage of disability is 25%. Otherwise also, it is clear from a bare look at the copy Ex.P-3, which respondent Rameshwar Dass used to seek higher compensation, that digit ‘2’ of the figure representing percentage has been over- written as ‘6’. 11. Not only that Rameshwar Dass used this forged copy of the disability certificate for obtaining higher amount of compensation, but he also used this forged certificate to get Concessional Travelling Pass from Himachal Road Transport Corporation. He applied for such pass and was issued pass, copy Ex.P-25 and certificate Ex. P-26. Also, he applied for the issuance of an identity card as handicapped person on the strength of forged disability certificate. 12. We also find from the evidence that the accident, on account of which, compensation had been claimed, resulted in an injury to tooth only. Respondent Rameshwar Dass obtained disability certificate on the strength of a different injury, i.e. injury of right upper limb. He had not sustained any injury, in the accident, in question, to any of his limbs. The fact is proved by medico legal report, which was issued on the very day of the accident. Copy of the report is Ex.P-9. 13. In view of the above discussion, we are of the considered view that learned trial Court was not right in - 6 - acquitting respondent Rameshwar Dass. Reasoning given by the trial Court for acquitting him, even for offence, under Section 471, I.P.C., is that he is not proved to be the author of over written digit ‘6’ to make the percentage of disability read as 65, in place of actual percentage, which was 25. This reasoning has no relevance for acquitting the said respondent of the offence of dishonestly using forged document as genuine, knowing that the same is forged. 14. Consequently, we allow the appeal partly. While the acquittal of respondent Suresh Kumar Gupta is upheld, acquittal of respondent Rameshwar Dass in respect of offence under Section 471, I.P.C. is set aside and he is convicted of this offence. As regards his acquittal in respect of other offences, judgment of the trial Court is upheld. Respondent (convict) Rameshwar Dass be produced in the Court for being heard on the question of quantum of sentence on 25th April, 2011. Appeal stands disposed of. (Surjit Singh), Judge (Rajiv Sharma) Judge March 29, 2011. (bhupender) - 7 -