Jaswinder Singh vs State of Punjab

A.N. Jindal, J.—Assailed in this petition is the judgment dated 1.6.2004 passed by the learned Additional Sessions Judge, Jalandhar, dismissing the appeal filed by the accused-petitioner (herein referred as ''the accused'') against the judgment dated 28.9.1999 passed by the Judicial Magistrate 1st Class, Jalandhar, convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 100/ - under Sections 466/471 IPC.

The allegations against the accused are that the certificates submitted by him at the time of his recruitment as Constable on 8.2.1989 were found to be forged to the extent that he showed his wrong date of birth. Both the courts below have returned the concurrent finding of fact that the accused fabricated the document in order to benefit himself for his recruitment as Constable. Actually, he was born on 30.1.1964, whereas, he erased the figure and made it "7" to project that he was born on 30.1.1974.

Having examined impugned judgment, the evidence appears to have been appreciated in the right perspective. No illegality much less irregularity has been detected warranting interference by this Court.

Mr. A.S. Jattana, Additional Advocate General, Punjab has also produced the affidavit of the Superintendent Central Jail, Bathinda, which reveals that the accused was released on 22.9.2004 after expiry of the substantive sentence by giving him benefit of the Government remissions for one year. However, Mr. Jattana has urged that the remissions as given to the accused appears to have not been correctly calculated.

Under the circumstances, the revision petition is dismissed. However, copy of the judgment be sent to the Inspector General of Police, (Prison), Punjab, Chandigarh to verify if the remissions are rightly given to him.

Mr. K.V. Aggarwal, Advocate Amicus Curiae may claim remuneration from the Competent Authority as per rules.