Punjab-Haryana High Court
Brij Mohan And Another vs U.T. Chandigarh on 1 February, 2010
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Appeal No.662-SB of 1996
Date of decision: February 01, 2010
Brij Mohan and another
.. Appellants
Vs.
U.T. Chandigarh
.. Respondent
Criminal Appeal No. 680-SB of 1996 Jai Chand .. Appellant Vs. U.T. Chandigarh .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Bipan Ghai, Sr. Advocate with Mr. Sandeep Gahlawat, Advocate for the appellants.
Mr. Rajiv Sharma, Standing Counsel for U.T. Chandigarh A.N. Jindal, J This judgment of mine shall dispose of two connected appeal Nos.662 and 680-SB of 1996, having arisen out of the same judgment and involving the same point.
Assailed in these appeals is the judgment dated 17/24.9.1996, passed by the learned Additional Sessions Judge, Chandigarh, convicting and sentencing the accused-appellants (herein referred as 'the accused') under Sections 120-B, 468, 471, 474, 256, 259, 255 IPC, as under :-
Brij Mohan U/s 259 read with : To undergo rigorous imprisonment for five Section 120-B IPC years and to pay fine of Rs.500/- for each offence.
Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -2- Chander Mohan U/s 474/468 read with : To undergo rigorous imprisonment for five Section 120-B IPC years and to pay fine of Rs.500/- for each offence.
U/s 465/471 IPC : To undergo rigorous imprisonment for one year for each offence.
Yogeshwar Kapila U/s 256/259 IPC : To undergo rigorous imprisonment for five years and to pay fine of Rs.500/- for each offence.
Jai Chand U/s 255 IPC : To undergo rigorous imprisonment for seven years and to pay fine of Rs.1000/-.
U/s 256 IPC : To undergo rigorous imprisonment for five years and to pay fine of Rs.500/-.
All the substantive sentences were to run concurrently. The accused Surinder Kumar and Satinder Kumar were acquitted of the charges, whereas, accused Dalbir Bhardwaj had already been discharged for want of evidence against him. Accused Vinod Kumar had died even before the charge was framed.
Briefly stated that facts of the case are that on 27.8.1986, ASI Chanan Masih (PW27) along with other police officials was present in the market of Sector 21, Chandigarh, where he received a secret information that Chander Mohan; Brij Mohan; Yash Pal; and Vinod Kumar residents of House No.3584, Sector 37-D, Chandigarh (on the top floor) had hatched a criminal conspiracy and in pursuance thereof, they were preparing forged registration cards, 'no objection certificates' using the fake rubber stamps of the different transport authorities of the country and preparing the fake registration books, driving licences and route permits for the vehicles. The information further was that these persons were also getting forged court fee stamps and using the same with a view to cause loss to the State Exchequer. Believing the information to be reliable, a raiding party was Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -3- organized, they joined one Devinder Singh PW and reached the disclosed place. When the Investigating Officer opened the door, the accused Brij Mohan; Chander Mohan and Vinod Kumar found present in the house were nabbed. The house was searched and photographs were taken. From the drawer of the dressing table lying along side the southern wall of that house, 30 rubber stamps of different States and 25 type letter words (Alphabets) were recovered. From these rubber stamps the sample paper (Ex.P58) and from the loose letters sample paper (Ex.P59) was prepared. Two stamp pads (Ex.P60 and 61) were also recovered. One briefcase (Ex.P93), 17 fictitious registration certificates; 9 photo-stat registration certificates and some other documents including blank forms, NOC forms, 62 forms of Satna; 75 forms of Eluru; 85 G. Forms of Satna; 55 fitness certificates of Cuttack were recovered. Some more fictitious documents i.e. 150 driving licences and one registration certificate were also recovered, which were taken into possession vide memo Ex.P27B. Brij Mohan was arrested and from his personal search 50 court fee stamps of Rs.20/- each (which were fictitious) were recovered from him which were taken into possession vide memo Ex.P27/C. From the personal search of Chander Mohan five blank receipts purported to have been signed by Registration Authority Khanna (Ex..P100 to Ex.P104) and one receipt in respect of the vehicle No.HYA 7728 (Ex.P105) were recovered vide memo Ex.P27/D. Brij Mohan also got recovered the registration files of two trucks and two cards (Ex.P106 to P108) in pursuance to the disclosure statement Ex.PW27/C. Brij Mohan also got recovered fictitious court fee stamps from his associate Yogesh Kapila and Satinder Kumar. Aforesaid Yogesh Kapila and Satinder Kumar were also arrested. Jai Chand was also arrested and he also got recovered one printing press and block in pursuance to the disclosure statement Ex.PW27/F. On 23.9.1986, Surinder Kumar accused was arrested and on his personal search, he was found having fictitious driving licence and registration certificates and receipts which were taken into possession vide memo Ex.PW27/G. Jai Chand in pursuance of his disclosure statement Ex.PW27/F pointed out the place where sign board of Milan Art Press Printers was hanging. The locks of the premises were broke open and he got recovered the blocks from an air-mail Par Avion envelope recovered.
Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -4- In two blocks, there were three sections on those blocks court fee of Rs.20/-, Government of India was engraved. Out of the remaining four, two blocks were having three Ashoka Loins and 24 engraved lions; on the remaining two blocks, there were 18 engraved lions. These blocks were taken into possession by the police, so was about the electric motor attached with the printing press, registration certificate issued by the Chief Inspectors of Shops (Ex.PW/1) and all these articles were taken into possession. The Investigating Officer also sought opinion of the hand writing expert regarding the recovered documents and also the court fee stamps and other documents. On completion of the investigation challan was prepared against the accused.
As I have already mentioned, finding no prima facie case against Dalbir Bhardwaj, he was discharged. Vinod Kumar had already died before framing of the charge.
On finding prima facie case against the accused-appellants, they were charged under Sections 120-B/465/471/474/255/256/259 IPC, to which they pleaded not guilty and claimed trial.
In order to substantiate the charges, the prosecution examined 37 witnesses.
When examined under Section 313 Cr.P.C. they denied all the allegations and while pleading their innocence, they stated that they have been falsely implicated in the case. In their defence, they examined Shamsher Singh (DW1) and Mange Ram (DW2).
The trial ended in conviction in the aforesaid terms. Since Yogeshwar Kapila died during the pendency of the appeal, therefore, his appeal No.673-SB of 1996, already stands abated. However, Satinder Kumar and Surinder Kumar, had been acquitted of the charges.
Thus, two appeals have been preferred one by Brij Mohan and Chander Mohan and second by Jai Chand.
Since both the appeals involve the same question of law, therefore, the same are decided together.
The whole gamut of controversy revolves upon the following posers :-
Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -5-
1. Whether recovery of fake documents and stamp pads, court fee and forms was effected from the house at Chandigarh?
2. Whether recovery of documents, vehicles and of court fee stamps was effected from different accused?
3. Whether accused Jai Chand, Brij Mohan, Chander Mohan, so also the deceased Yogeshwar Kapila, Surinder Kumar and Satinder Kumar were involved in preparation of counterfeit court fee stamps and/or found in possession incriminating material at the time of raid?
4. Whether these documents so recovered from the accused are forged and fabricated?
5. Whether the controversy amongst the appellants is proved?
The recovery of the aforesaid articles on 27.6.1986 from the residential premises of Brij Mohan and Chander Mohan accused, brothers inter-se by ASI Jagir Singh (PW37) stands fully established. His testimony stands corroborated by ASI Chanan Masih (PW27) and Devinder Singh (PW29). Devinder Singh (PW29) being an independent witness having no prejudice or enmity against the accused had no reason to depose against them. The Investigating Officer did not stop only while recording the statements of the witnesses, but also got the premises searched and articles recovered and photographed. Karnail Singh (PW2) has proved the photographs Ex.P1 to P9 and negatives thereof as Ex.P10 to P18. All these photographs are proof of the fact that the aforesaid recoveries of the forged documents and the material for preparation of the documents was recovered from the house of the accused and many of the recoveries were also proved by the appellants pursuant to their statements under Section 27 of the Evidence Act.
As regards the non examination of the public witness, SI Jagir Singh (PW37) has categorically deposed that his efforts to join the other public witnesses remained futile as none came forward to join them except Devinder Singh (PW29). The argument of the learned counsel that no knowledge of the accused could be imputed about the presence of the Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -6- documents in the premises, is without any merit. The circumstances reveal that they being in possession of the premises having aforesaid documents in their possession which were recovered from their personal search and that documents were found from the room where they were present, goes to show that they were in exclusive knowledge and conscious possession of the forged documents and stamps. The evidence further reveals that the accused while joining hands with each other had been forging the documents and handing over the same to the customers by projecting that the same were genuine and to use them as genuine at the appropriate time. There is nothing to castigate the recovery from Chandigarh house in possession of the accused Brij Mohan and Chander Mohan.
It has also come in evidence that Brij Mohan had got recovered car HYE 1809 from the specified place which was taken into possession vide recovery memo Ex.PO/1. Similarly, he also got recovered truck bearing registration No.HYE 1688 and the same was taken into possession vide memo Ex.PD/3. SI Jagir Singh and ASI Chanan Masih have categorically and consistently deposed about the recovery of these two vehicles from the accused in pursuance of their statements. Recovery of five blank receipts of Registering Authority, Khanna (Ex.P100 to Ex.P-
104), one receipt in respect of vehicle No.HYA 7728 (Ex.P105) vide memo Ex.PW27/D from accused Chander Mohan, stand fully established. It has also been established on record that the documents and the articles so recovered from Chander Mohan accused from his residence at Chandigarh were shared by the accused Brij Mohan. These articles include 30 rubber stamps, 25 loose alphabets, 17 forged R.Cs, 9 photo-stat (memo Ex.PW27/B). The same have been proved by SI Jagir Singh, ASI Chanan Masih and Devinder Singh, beyond any doubt. Recovery from accused Jai Chand owner of the printing press is of blocks which were allegedly being used for printing fake court fee stamps. These two blocks with their three separate sections (Ex.P47 to Ex.P54) were recovered from the accused Jai Chand in the presence of Inspector S.C. Abrol, HC Kartar Singh and Jagdish Lal P.Ws. The spot was also got photographed and HC Sohan Lal (PW3) proved the photographs Ex.P19 to Ex. P32 and negatives thereof Ex.P33 to Ex.P46. Thus, from the evidence aforesaid, as discussed by the Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -7- courts below, the recovery of the documents, cars, truck and other articles from the possession of accused Brij Mohan, Chander Mohan, Yogeshwar Kapila and Surinder Kumar stand fully established beyond reasonable doubt. The said recoveries coupled with the other evidence form a chain of incriminating circumstances appearing against the accused go a long way to establish the offences against them. Further recovery of 30 rubber stamps Ex.P62 to Ex.P91 (their impressions are on sample paper Ex.P58), 25 loose alphabets in packet Ex.P1 (their impression is on sample paper Ex.P58) recovered from the possession of Brij Mohan and Chander Mohan and many other documents also makes me to conclude about the wrongful and dishonest intentions of the accused to cheat the people by inducing them to part with the money on the pretext that they were supplying them the documents projecting that those were genuine, knowing fully well that the same were not genuine.
From the totality of the circumstances and on appreciation of evidence, it is also crystal clear that the documents recovered from the accused Brij Mohan and Chander Mohan including N.O.Cs. and R.Cs, rubber stamps were forged and fabricated. The accused Surinder Kumar was acquitted only for the reason that the prosecution did not proceed to make scientific approach regarding the documents recovered from Surinder Kumar in order to find out if the same are fictitious. Similarly, no recovery was effected from Satinder Kumar, therefore, he also could not be fastened with the offence of conspiracy with the other accused. Accused Brij Mohan and Chander Mohan are brothers and were sharing the same premises for residence i.e. top floor of House No.3584, Sector 37-D, Chandigarh at the relevant time, therefore, their pre-concert and meeting of minds for committing forgery of the aforesaid documents as also of using counterfeit stamps cannot be disputed. Though, no direct evidence could be traced to make out a conclusion with regard to conspiracy, yet the circumstances and the conduct of the accused clearly makes out that they are guilty of conspiracy to commit crime. A definite evidence has come against the accused Jai Chand. It has been established on record that stamps used to be got prepared by Jai Chand which were used for preparing the incriminating documents in association with the accused Yogeshwar Kapila and Satinder Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -8- Kumar. The trial court in its judgment spreading up to 128 paras has dealt with all the arguments and no evidence has been left unappreciated. On further scrutiny of the evidence and also appreciating the argument advanced by the learned counsel for the appellant, while finding the same without any merit, it could well be observed that the charge of forging registration and no objection certificates for various vehicles with an intent to use them as genuine stands fully proved, therefore, the accused Chander Mohan and Brij Mohan have rightly been convicted under Section 468 read with Section 120-B IPC. However, conspiracy for commission of offence is proved against all the three accused-appellants. Similarly, crime of forgery of registration certificates, no objection certificates and fitness certificates of various vehicles and using them fraudulently and dishonestly as genuine documents and possessing these forged documents knowing fully well that the same were forged and the same would be used as genuine is proved against Chander Mohan only. The offence under Sections 255/256 IPC is proved against accused Jai Chand.
As regards quantum of sentence, the accused appear to be dare devils. They opened parallel office to the Government in an organized manner and perpetrated to earn easy money by using forged documents. They were found in possession of many documents including court fee stamps. Accused-appellant Jai Chand was having a printing press as also metal blocks for counterfeit stamps of Rs.20/- denomination and operating it with the help of Yogeshwar Kapila (since deceased). Yogeshwar Kapila in addition to help Jai Chand was also found in possession of counterfeit government stamps with the knowledge that the same were counterfeit. If such persons are allowed to go scot-free or are dealt with leniency, then the aim and object of establishing welfare State would vanish. Such crimes certainly disturb the national ethos and morality. The fate of the State exchequer instead of being used to help the poor and needy and for development works, would go in the hands of the certain criminals who would prove to be a danger to the national economy. The commission of these well organized, well planned and deftly carried out crimes shocks the conscience of the nation. To extend leniency to such criminals would send wrong signals to the society in a way to remove the curtain of fear from the Criminal Appeal No.662-SB of 1996 & Criminal Appeal No. 680-SB of 1996 -9- minds of the criminals and encourage them to indulge in such business.
Resultantly, finding no ground to take a lenient view on the quantum of sentence, both the appeals stand dismissed. The appellants be taken into custody forthwith for serving remaining part of the sentence.
February 01, 2010 (A.N. Jindal) deepak Judge