H K Nanjappa vs State By Extension Police Hassan - 573201

Shivashankar Amarannavar, J

This Criminal Revision Petition under Section 397/401 of Cr.P.C has been filed by the petitioner being aggrieved by the impugned judgment dated 04.10.2016 passed by the II Additional District and Sessions Judge, Hassan in Crl.A.No.31/2014, whereby the judgment of conviction and order on sentence dated 04.02.2014 passed in C.C.No.514/2002 by II Additional Civil Judge and JMFC, Hassan by which petitioner has been convicted for offences punishable under Sections 465, 468, 471 and 420 of Indian Penal Code (hereinafter referred to as “IPC” for brevity) wherein the petitioner has been sentenced to undergo simple imprisonment for a period of six months and pay fine of Rs.1,000/- for offence punishable under Section 465 of IPC; simple imprisonment for a period of one year and fine of Rs.2,000/- for offence punishable under Section 468 of IPC; simple imprisonment for a period of one year and fine of Rs.1,000/- for offence punishable under Section 471 of IPC and simple imprisonment for a period of one year and fine of Rs.2,000/- for offence punishable under Section 420 of IPC with default sentence.

The prosecution story in brief is that;

The petitioner –accused has applied for post of teacher by virtue of notification issued by Government of Karnataka in the year 1997-98 and as per preliminary list, candidates were to appear before the Scrutinize Committee and submit their marks card and other documents. The petitioner –accused voluntarily appeared before Committee and submitted his marks cards including SSLC marks card –Ex.P4. During the course of verification of said marks card, Ex.P4 is found to be forged. The complaint has been lodged by P.W.1 –Joint Director. After investigation, the charge sheet has been filed for offences punishable under Sections 465, 468, 471 and 420 of IPC. The prosecution lead evidence in the trial Court. After scrutinizing evidence on record and considering rival submissions made by both parties, the trial Court has convicted the petitioner for the aforesaid offences. The petitioner challenged said judgment of conviction and order on sentence in Crl.A.No.31/2014 and same came to be dismissed by the impugned judgment. Being aggrieved by said impugned judgment this Criminal Revision Petition has been preferred before this Court.

Learned counsel for the petitioner has preferred this Criminal Revision Petition on several grounds but during the course of argument, learned counsel for petitioner did not press this revision on merit and not assailed the finding part of impugned judgment. He confines his arguments on the point of sentence only and prays that since petitioner who is 62 years old having wife and two children and suffering trial since last 23 years and he is not having any criminal antecedent, therefore, present Criminal Revision Petition be disposed of and jail sentence awarded to the petitioner be reduced by enhancing fine amount.

Learned High Court Government Pleader for respondent -State on the other hand supported the impugned judgment and prays for dismissal of this revision.

Since petitioner has not challenged the conviction recorded by Courts below, in these circumstances conviction recorded against petitioner for the offences punishable under Sections 465, 468, 471 and 420 of IPC is hereby affirmed. However, considering the acts and circumstances of the case and the fact that the petitioner is aged 62 years facing trial since the year 2002 i.e. about 23 years, he is not having any criminal background, therefore, this Court finds that it would be appropriate to partly allow the Criminal Revision Petition by affirming the conviction, however, by reducing his jail sentence to the period of 30 days by enhancing the fine amount of Rs.25,000/-(rupees Twenty Five Thousand only) for each offences.

Accordingly, this Criminal Revision Petition is partly allowed by maintaining the conviction, but reducing the jail sentence. The petitioner is sentenced to undergo simple imprisonment for a period of 30 days and pay fine of Rs.25,000/- for offence punishable under Section 465 of IPC and in default to undergo simple imprisonment for a period of 15 days; simple imprisonment for a period of 30 days and pay fine of Rs.25,000/- for offence punishable under Section 468 of IPC and in default to undergo simple imprisonment for a period of 15 days; simple imprisonment for a period of 30 days and pay fine of Rs.25,000/- for offence punishable under Section 471 of IPC and in default to undergo simple imprisonment for a period of 15 days and simple imprisonment for a period of 30 days and pay fine of Rs.25,000/- for offence punishable under Section 420 of IPC and in default to undergo simple imprisonment for a period of 15 days. All sentences of imprisonment to run concurrently

The period of custody undergone by the petitioner, during trial, if any, shall be given set off.

The petitioner shall voluntarily surrender before the trial Court within four weeks from this day for serving sentence.