Bombay High Court Upholds Conviction of Accused in Forgery and Criminal Conspiracy Case. Accused convicted under Sections 468 and 120B IPC for forging a medical certificate to claim false compensation.

High Court: Bombay High Court Bench: NAGPUR In Favour of Prosecution
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Case Note & Summary

The judgment concerns three criminal revision applications filed by Dinguram Ramaji Sangore, Dinbandhu Fatik Samaddar, and Tridev Vikas Mujumdar against their conviction and sentence by the Chief Judicial Magistrate, Gadchiroli in Regular Criminal Case No. 44 of 2003 for offences punishable under Sections 468 and 120B of the Indian Penal Code. The applicants were convicted and sentenced to rigorous imprisonment for six months and a fine of Rs.1,000 each, with default sentences. Their appeals before the Sessions Court were dismissed on 27th October 2009, leading to the present revisions. The case arose from a report lodged by one Smt. Rahidas, a nurse at Primary Health Center, Subhashgram, against accused Tridev Majumdar and Dinbandhu Samaddar, alleging that they forged a medical certificate to claim false compensation. The prosecution's case was that the accused conspired to forge the certificate. The trial court found the accused guilty, and the appellate court affirmed the conviction. In the revisions, the High Court examined the evidence and found that the prosecution had proved the case beyond reasonable doubt. The court held that the findings of the lower courts were based on proper appreciation of evidence and did not warrant interference in revisional jurisdiction. Consequently, all three revision applications were dismissed.

Headnote

A) Criminal Law - Forgery - Section 468 IPC - Conviction upheld - Accused forged a medical certificate to claim false compensation - Court held that the prosecution proved the case beyond reasonable doubt - Revision dismissed (Paras 1-3).

B) Criminal Law - Criminal Conspiracy - Section 120B IPC - Conviction upheld - Accused conspired to forge a medical certificate - Court held that the evidence established conspiracy - Revision dismissed (Paras 1-3).

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Issue of Consideration

Whether the conviction of the applicants under Sections 468 and 120B of the Indian Penal Code for forging a medical certificate is sustainable.

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Final Decision

All three criminal revision applications are dismissed. The conviction and sentence of the applicants under Sections 468 and 120B IPC are upheld.

Law Points

  • Forgery
  • Criminal Conspiracy
  • Medical Certificate
  • Conviction upheld
  • Revision dismissed
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Case Details

2018 LawText (BOM) (10) 187

Criminal Revision Application (REVN) No. 06 of 2010, Criminal Revision Application (REVN) No. 209 of 2009, Criminal Revision Application (REVN) No. 214 of 2009

2018-10-31

M.G. Giratkar, J.

Shri S.A. Mohta, Shri Shashikant Borkar, Shri N.B. Jawade

Dinguram Ramaji Sangore, Dinbandhu Fatik Samaddar, Tridev Vikas Mujumdar

State of Maharashtra

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Nature of Litigation

Criminal revision against conviction for forgery and criminal conspiracy.

Remedy Sought

The applicants sought to set aside their conviction and sentence under Sections 468 and 120B IPC.

Filing Reason

The applicants were convicted for forging a medical certificate to claim false compensation.

Previous Decisions

The Chief Judicial Magistrate, Gadchiroli convicted the applicants on 06.03.2007 in Regular Criminal Case No. 44 of 2003. The Sessions Court dismissed their appeals on 27.10.2009.

Issues

Whether the conviction under Section 468 IPC is sustainable. Whether the conviction under Section 120B IPC is sustainable.

Ratio Decidendi

The prosecution proved the case beyond reasonable doubt; the findings of the lower courts were based on proper appreciation of evidence and do not warrant interference in revisional jurisdiction.

Judgment Excerpts

All the revisions are against the judgment of conviction dated 06.03.2007 awarded by Chief Judicial Magistrate, Gadchiroli in Regular Criminal Case No. 44 of 2003 for the offence punishable under Sections 468 and 120B of the Indian Penal Code. All the applicants/accused moved before Sessions Court by filing criminal appeals. The said appeals came to be dismissed vide judgment dated 27th October, 2009.

Procedural History

The applicants were convicted by the Chief Judicial Magistrate, Gadchiroli on 06.03.2007. They appealed to the Sessions Court, which dismissed the appeals on 27.10.2009. They then filed the present criminal revisions before the High Court.

Acts & Sections

  • Indian Penal Code: 468, 120B
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High Court Bombay High Court Upholds Conviction of Accused in Forgery and Criminal Conspiracy Case. Accused convicted under Sections 468 and 120B IPC for forging a medical certificate to claim false compensation.
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