Modification of sentence - Sec.420 I.P.C. - Public servant gave false certificate as landless poor for obtaining land from Govt. - trial court convicted both accused under sec.420, 465, 467, 468, 471 and 120B IPC - Appeal court convicted under sec.420 and sec.177 - High court confirm the same - Apex court held that The essential ingredients to attract Section 420 IPC are :
(i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into a valuable security and (iii) mens rea of the accused at the time of making the inducement.
There is no evidence to show that there was such fraudulent dishonest intention on the part of the appellant in issuing certificate in favour of Lal Chand. Issuance of false certificate cannot be said to be with dishonest intention to make wrongful gain for himself. Since the ingredients of Section 420 IPC are not proved, the conviction of the appellant under Section 420 IPC, cannot be sustained and the same is set aside. For conviction under Section 177 IPC, the appellate court has awarded the sentence of imprisonment of six months which was confirmed by the High Court. It was submitted that allotment of land to Lal Chand was
also cancelled, which, in our view has to be taken into consideration while considering the question of sentence imposed on the appellant. The appellant is said to have already undergone the sentence for a period of 51/2 months. For the conviction under Section 177 IPC, the sentence of imprisonment imposed on the appellant is modified to the period already
undergone. =
The charge against the appellant is
that the appellant had knowingly issued a false certificate in favour of
Lal Chand that he did not own any property except the land which he had
made fit for cultivation, though Lal Chand had owned 13 kanals and 13
marlas of land situated in village Baruhi and his wife owned 70 kanals
of land in village Baruhi. Based on the said false certificate pretending
to be the landless person, Lal Chand sought allotment of land and on the
basis of the certificate, land was allotted to Lal Chand. The appellant
along with the co-accused Lal Chand was charged for the offences under
Sections 420, 465, 467, 468, 471 and 120B IPC and the trial court convicted
the appellant for the aforesaid offences and imposed various sentences
inter alia two years rigorous imprisonment for the offence under Section
420 IPC.=
In the appeal, the Addl. Sessions Judge, Hoshiarpur, set aside the
conviction of the appellant under Sections 465, 467, 468, 471 and 120B
IPC but convicted the appellant for the offences under Sections 420 and
177 IPC and sentenced him to undergo rigorous imprisonment of one year and
six months respectively and ordered them to run concurrently. =
In so far as the conviction of the appellant under Section 420
IPC, is concerned, the appellate court convicted the appellant under
Section 420 IPC, on the finding that the appellant issued the certificate
in favour of Lal Chand with dishonest intention of getting allotment of
land for the said Lal Chand and by getting the allotment, the same was
also achieved.
9. The essential ingredients to attract Section 420 IPC are :
(i) cheating;
(ii) dishonest inducement to deliver property or to make, alter
or destroy any valuable security or anything which is sealed or is capable
of being converted into a valuable security and
(iii) mens rea of the
accused at the time of making the inducement.
There is no evidence to
show that there was such fraudulent dishonest intention on the part of the
appellant in issuing certificate in favour of Lal Chand.
Issuance of false
certificate cannot be said to be with dishonest intention to make wrongful
gain for himself.
Since the ingredients of Section 420 IPC are not
proved, the conviction of the appellant under Section 420 IPC, cannot be
sustained and the same is set aside.
10. For conviction under Section 177 IPC, the appellate court has
awarded the sentence of imprisonment of six months which was confirmed by
the High Court.
It was submitted that allotment of land to Lal Chand was
also cancelled, which, in our view has to be taken into consideration
while considering the question of sentence imposed on the appellant. The
appellant is said to have already undergone the sentence for a period of
51/2 months.
For the conviction under Section 177 IPC, the sentence of
imprisonment imposed on the appellant is modified to the period already
undergone.
The appellant is on bail, his bail bonds shall stand
discharged. The appeal stands disposed of accordingly.
Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1837 OF 2014
(Arising out of S.L.P. (Crl.) No. 2331/2014)
BISHAN DAS .. Appellant
Versus
STATE OF PUNJAB AND ANR. ..Respondents
O R D E R
R. BANUMATHI, J.
Leave granted.
2. This appeal is preferred against the judgment of Punjab and
Haryana High Court dated 18.12.2013 passed in Criminal Revision No.
3982/2013 confirming the conviction of the appellant under Sections 420
and 177 IPC as ordered by the Appellate Court.
3. The case of the prosecution in brief is that the appellant was
Sarpanch of Gram Panchayat, Baurhi. The charge against the appellant is
that the appellant had knowingly issued a false certificate in favour of
Lal Chand that he did not own any property except the land which he had
made fit for cultivation, though Lal Chand had owned 13 kanals and 13
marlas of land situated in village Baruhi and his wife owned 70 kanals
of land in village Baruhi. Based on the said false certificate pretending
to be the landless person, Lal Chand sought allotment of land and on the
basis of the certificate, land was allotted to Lal Chand. The appellant
along with the co-accused Lal Chand was charged for the offences under
Sections 420, 465, 467, 468, 471 and 120B IPC and the trial court convicted
the appellant for the aforesaid offences and imposed various sentences
inter alia two years rigorous imprisonment for the offence under Section
420 IPC.
4. In the appeal, the Addl. Sessions Judge, Hoshiarpur, set aside the
conviction of the appellant under Sections 465, 467, 468, 471 and 120B
IPC but convicted the appellant for the offences under Sections 420 and
177 IPC and sentenced him to undergo rigorous imprisonment of one year and
six months respectively and ordered them to run concurrently. In the
revision preferred before the High Court, the High Court has upheld the
conviction and sentence of the appellant as aforesaid.
5. We have heard the learned counsel for the parties. The point
falling for consideration is whether the conviction and sentence of the
appellant under Sections 420 and 177 IPC is sustainable.
6. Section 177 IPC deals with giving of false information. The
ingredients of Section 177 IPC are :-
(i) That a person must be legally bound to furnish information on a
particular subject to a public servant.
(ii) That he must furnish, as true, information on that subject which he
knows or has reason to believe to be false.
7. The appellant being a Sarpanch of Gram Panchayat was legally
bound to give correct information and bound to issue a correct
certificate. Though Lal Chand owned 13 kanals 13 marlas and his wife also
owned lands in village Baruhi, the appellant issued false certificate in
favour of Lal Chand that he does not own any land except the land
which he has made fit for cultivation and thus furnished the information
which he knew to be false. Based on the revenue records, the trial court
recorded factual findings that Lal Chand and his wife totally owned 83
kanals 14 marlas of land. The appellant knowingly issued the false
certificate in favour of Lal Chand containing false information and the
ingredients of Section 177 IPC are proved and we find no reason to
interfere with the conviction of the appellant under Section 177 IPC.
8. In so far as the conviction of the appellant under Section 420
IPC, is concerned, the appellate court convicted the appellant under
Section 420 IPC, on the finding that the appellant issued the certificate
in favour of Lal Chand with dishonest intention of getting allotment of
land for the said Lal Chand and by getting the allotment, the same was
also achieved.
9. The essential ingredients to attract Section 420 IPC are : (i)
cheating; (ii) dishonest inducement to deliver property or to make, alter
or destroy any valuable security or anything which is sealed or is capable
of being converted into a valuable security and (iii) mens rea of the
accused at the time of making the inducement. There is no evidence to
show that there was such fraudulent dishonest intention on the part of the
appellant in issuing certificate in favour of Lal Chand. Issuance of false
certificate cannot be said to be with dishonest intention to make wrongful
gain for himself. Since the ingredients of Section 420 IPC are not
proved, the conviction of the appellant under Section 420 IPC, cannot be
sustained and the same is set aside.
10. For conviction under Section 177 IPC, the appellate court has
awarded the sentence of imprisonment of six months which was confirmed by
the High Court. It was submitted that allotment of land to Lal Chand was
also cancelled, which, in our view has to be taken into consideration
while considering the question of sentence imposed on the appellant. The
appellant is said to have already undergone the sentence for a period of
51/2 months. For the conviction under Section 177 IPC, the sentence of
imprisonment imposed on the appellant is modified to the period already
undergone. The appellant is on bail, his bail bonds shall stand
discharged. The appeal stands disposed of accordingly.
……………………………J.
(T.S. Thakur)
……………………………J.
(R. Banumathi)
New Delhi,
August 26, 2014
-----------------------
6
(i) cheating; (ii) dishonest inducement to deliver property or to make, alter or destroy any valuable security or anything which is sealed or is capable of being converted into a valuable security and (iii) mens rea of the accused at the time of making the inducement.
There is no evidence to show that there was such fraudulent dishonest intention on the part of the appellant in issuing certificate in favour of Lal Chand. Issuance of false certificate cannot be said to be with dishonest intention to make wrongful gain for himself. Since the ingredients of Section 420 IPC are not proved, the conviction of the appellant under Section 420 IPC, cannot be sustained and the same is set aside. For conviction under Section 177 IPC, the appellate court has awarded the sentence of imprisonment of six months which was confirmed by the High Court. It was submitted that allotment of land to Lal Chand was
also cancelled, which, in our view has to be taken into consideration while considering the question of sentence imposed on the appellant. The appellant is said to have already undergone the sentence for a period of 51/2 months. For the conviction under Section 177 IPC, the sentence of imprisonment imposed on the appellant is modified to the period already
undergone. =
The charge against the appellant is
that the appellant had knowingly issued a false certificate in favour of
Lal Chand that he did not own any property except the land which he had
made fit for cultivation, though Lal Chand had owned 13 kanals and 13
marlas of land situated in village Baruhi and his wife owned 70 kanals
of land in village Baruhi. Based on the said false certificate pretending
to be the landless person, Lal Chand sought allotment of land and on the
basis of the certificate, land was allotted to Lal Chand. The appellant
along with the co-accused Lal Chand was charged for the offences under
Sections 420, 465, 467, 468, 471 and 120B IPC and the trial court convicted
the appellant for the aforesaid offences and imposed various sentences
inter alia two years rigorous imprisonment for the offence under Section
420 IPC.=
In the appeal, the Addl. Sessions Judge, Hoshiarpur, set aside the
conviction of the appellant under Sections 465, 467, 468, 471 and 120B
IPC but convicted the appellant for the offences under Sections 420 and
177 IPC and sentenced him to undergo rigorous imprisonment of one year and
six months respectively and ordered them to run concurrently. =
In so far as the conviction of the appellant under Section 420
IPC, is concerned, the appellate court convicted the appellant under
Section 420 IPC, on the finding that the appellant issued the certificate
in favour of Lal Chand with dishonest intention of getting allotment of
land for the said Lal Chand and by getting the allotment, the same was
also achieved.
9. The essential ingredients to attract Section 420 IPC are :
(i) cheating;
(ii) dishonest inducement to deliver property or to make, alter
or destroy any valuable security or anything which is sealed or is capable
of being converted into a valuable security and
(iii) mens rea of the
accused at the time of making the inducement.
There is no evidence to
show that there was such fraudulent dishonest intention on the part of the
appellant in issuing certificate in favour of Lal Chand.
Issuance of false
certificate cannot be said to be with dishonest intention to make wrongful
gain for himself.
Since the ingredients of Section 420 IPC are not
proved, the conviction of the appellant under Section 420 IPC, cannot be
sustained and the same is set aside.
10. For conviction under Section 177 IPC, the appellate court has
awarded the sentence of imprisonment of six months which was confirmed by
the High Court.
It was submitted that allotment of land to Lal Chand was
also cancelled, which, in our view has to be taken into consideration
while considering the question of sentence imposed on the appellant. The
appellant is said to have already undergone the sentence for a period of
51/2 months.
For the conviction under Section 177 IPC, the sentence of
imprisonment imposed on the appellant is modified to the period already
undergone.
The appellant is on bail, his bail bonds shall stand
discharged. The appeal stands disposed of accordingly.
2014 Aug. Part - http://judis.nic.in/supremecourt/filename=41848
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1837 OF 2014
(Arising out of S.L.P. (Crl.) No. 2331/2014)
BISHAN DAS .. Appellant
Versus
STATE OF PUNJAB AND ANR. ..Respondents
O R D E R
R. BANUMATHI, J.
Leave granted.
2. This appeal is preferred against the judgment of Punjab and
Haryana High Court dated 18.12.2013 passed in Criminal Revision No.
3982/2013 confirming the conviction of the appellant under Sections 420
and 177 IPC as ordered by the Appellate Court.
3. The case of the prosecution in brief is that the appellant was
Sarpanch of Gram Panchayat, Baurhi. The charge against the appellant is
that the appellant had knowingly issued a false certificate in favour of
Lal Chand that he did not own any property except the land which he had
made fit for cultivation, though Lal Chand had owned 13 kanals and 13
marlas of land situated in village Baruhi and his wife owned 70 kanals
of land in village Baruhi. Based on the said false certificate pretending
to be the landless person, Lal Chand sought allotment of land and on the
basis of the certificate, land was allotted to Lal Chand. The appellant
along with the co-accused Lal Chand was charged for the offences under
Sections 420, 465, 467, 468, 471 and 120B IPC and the trial court convicted
the appellant for the aforesaid offences and imposed various sentences
inter alia two years rigorous imprisonment for the offence under Section
420 IPC.
4. In the appeal, the Addl. Sessions Judge, Hoshiarpur, set aside the
conviction of the appellant under Sections 465, 467, 468, 471 and 120B
IPC but convicted the appellant for the offences under Sections 420 and
177 IPC and sentenced him to undergo rigorous imprisonment of one year and
six months respectively and ordered them to run concurrently. In the
revision preferred before the High Court, the High Court has upheld the
conviction and sentence of the appellant as aforesaid.
5. We have heard the learned counsel for the parties. The point
falling for consideration is whether the conviction and sentence of the
appellant under Sections 420 and 177 IPC is sustainable.
6. Section 177 IPC deals with giving of false information. The
ingredients of Section 177 IPC are :-
(i) That a person must be legally bound to furnish information on a
particular subject to a public servant.
(ii) That he must furnish, as true, information on that subject which he
knows or has reason to believe to be false.
7. The appellant being a Sarpanch of Gram Panchayat was legally
bound to give correct information and bound to issue a correct
certificate. Though Lal Chand owned 13 kanals 13 marlas and his wife also
owned lands in village Baruhi, the appellant issued false certificate in
favour of Lal Chand that he does not own any land except the land
which he has made fit for cultivation and thus furnished the information
which he knew to be false. Based on the revenue records, the trial court
recorded factual findings that Lal Chand and his wife totally owned 83
kanals 14 marlas of land. The appellant knowingly issued the false
certificate in favour of Lal Chand containing false information and the
ingredients of Section 177 IPC are proved and we find no reason to
interfere with the conviction of the appellant under Section 177 IPC.
8. In so far as the conviction of the appellant under Section 420
IPC, is concerned, the appellate court convicted the appellant under
Section 420 IPC, on the finding that the appellant issued the certificate
in favour of Lal Chand with dishonest intention of getting allotment of
land for the said Lal Chand and by getting the allotment, the same was
also achieved.
9. The essential ingredients to attract Section 420 IPC are : (i)
cheating; (ii) dishonest inducement to deliver property or to make, alter
or destroy any valuable security or anything which is sealed or is capable
of being converted into a valuable security and (iii) mens rea of the
accused at the time of making the inducement. There is no evidence to
show that there was such fraudulent dishonest intention on the part of the
appellant in issuing certificate in favour of Lal Chand. Issuance of false
certificate cannot be said to be with dishonest intention to make wrongful
gain for himself. Since the ingredients of Section 420 IPC are not
proved, the conviction of the appellant under Section 420 IPC, cannot be
sustained and the same is set aside.
10. For conviction under Section 177 IPC, the appellate court has
awarded the sentence of imprisonment of six months which was confirmed by
the High Court. It was submitted that allotment of land to Lal Chand was
also cancelled, which, in our view has to be taken into consideration
while considering the question of sentence imposed on the appellant. The
appellant is said to have already undergone the sentence for a period of
51/2 months. For the conviction under Section 177 IPC, the sentence of
imprisonment imposed on the appellant is modified to the period already
undergone. The appellant is on bail, his bail bonds shall stand
discharged. The appeal stands disposed of accordingly.
……………………………J.
(T.S. Thakur)
……………………………J.
(R. Banumathi)
New Delhi,
August 26, 2014
-----------------------
6
