Madhya Pradesh High Court
Babu Lal vs The State Of Madhya Pradesh on 26 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:23695
1 CRR-4664-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 26 th OF AUGUST, 2025
CRIMINAL REVISION No. 4664 of 2024
BABU LAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Kailash Chandra Waghela- Advocate for the petitioner.
Shri Rajesh Joshi- GA for the State.
ORDER
(Heard on: 14.08.2025)
(Delivered on: 26.08.2025)
ORDER
This criminal revision under section 442 of the B.N.S.S., 2023 is preferred
being aggrieved by the judgment dated 30.08.2024 passed in criminal appeal
no.18/2021 by Additional Sessions Judge, Nagda, District Ujjain arising out of
judgment dated 14.08.2021 in criminal case no.955/2001 by the J.M.F.C. Nagda,
District Ujjain whereby the conviction under section 420 of the IPC and sentence
of RI of 3 years with fine of Rs. 5,000/- with default stipulation of 3 months RI has
been affirmed.
2. Facts in brief are that revision petitioner was prosecuted under section
420 and 468 of the IPC, 1860 for getting an appointment on the post of Shiksha
Karmi Warg-1 at Nagar Panchayat Unhel, District Ujjain on 15.10.1988
representing himself as Post Graduate in Economics from Vikram University on
the strength of forged marksheet (Exhibit-P/7) and serving for a period from
15.10.1998 to 31.07.2000 and a crime no.147/2001 was registered at P.S.- Unhel,
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District-Ujjain on 01.08.2001 on the basis of a written complaint (Exhibit-P/3)
from Chief Municipal Corporation Officer, Nagar Panchayat, Unhel and after
investigation final report under section 173(2) of the Cr.P.C., 1973 was submitted
regarding offence under sections 420, 467, 468, and 471 of the IPC before the
J.M.F.C. Nagda, District Ujjain.
3. Charges under sections 420 and 468 of the IPC were framed, revision
petitioner abjured the guilt and claimed for trial.
4. To bring home the guilt, the prosecution examined as many as 19
witnesses including Chief Municipal Officer, Bharat Singh as PW-1, Rajulpati as
PW-2, then Principal of Madhav Vishvidhyalaya, Ujjain Arun Kaul as PW-3, then
incharge Dy. Director Ujjain Arun Prakash Pandey as PW-4, then Chief Medical
Officer Pramod as PW-5, Kesar Singh as PW-6, Rakesh as PW-7, then District
Education Officer Ghasilal Namdev as PW-8, Sujaanmal as PW-9, Nandram as
PW-10, Ramchandra as PW-11, Kanhaiyalal as PW-12, Lower Division Clerk,
Nagar Parishad Unhel Pramod Kashyap as PW-13, Bahadur Singh as PW-14, Sub
Inspector Yogendra Singh Sengar as PW-15, Medical Officer Dr. L.N. Rawat as
PW-16, Medical Officer Dr. S.K. Akhand as PW-17, In charge Principal Govt.
Girls Higher Secondary School Unhel Usha Soni as PW-18, Additional
Government Document Examiner R.P. Pathak as PW-18-A and then Vice-
Chancellor, Vikram University, Ujjain S.B. Rizwani as PW-19.
5. In cross examination under section 313 of CRPC 1973 all the facts and
circumstances appeared against him. In defense prosecution evidence was either
denied and ignorance was expressed and his defense is false implication.
Appreciating the evidence the trial court convicted the revision petitioner under
section 420 and 468 of the IPC and sentence to undergo RI of 3 years with fine of
Rs.5,000 in default stipulation of 3 months RI for each offence. Both the sentences
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were ordered to run concurrently.
6. In appeal the conviction and sentence under section 420 of IPC was
affirmed but conviction and sentence under section 468 of the IPC is set aside.
7. Challenging the order of the First Appellate Court this revision petition is
preferred on the ground that conviction under section 420 of the IPC is bad in law
and the sentence is disproportionating as he has no criminal antecedents.
Heard.
8. Counsel for the State opposes the conviction as well as sentence by
submitting that no case is made out for revision petitioner.
9. Perused the record.
10. Revision petitioner had joined on the post of Shiksha Karmi Warg-1 at
Government Girls Higher Secondary School, Unhel, District Ujjain for the subject
of economics and he was not a post graduate in economics and Registrar Vikram
University Ujjain S.B. Rizwani (PW-19) has deposed that no marksheet for the
academic year 1995 in post graduate course of economics from Madhav
University Ujjain bearing roll number 9062 was issued to revision petitioner or
any other students. Accordingly conviction of the revision petitioner under section
420 of the IPC does not warrant interference, hence it is affirmed.
11. Now comes to the quantum of punishment. The date of birth of revision
petitioner is 15.07.1968 and now he has crossed the age of 57 years. He was taken
into custody 25 years ago and was under police custody for 4 days and judicial
custody for 2 days. Now he is in continuous custody since 30.8.2024 and has
completed one year of custody.
12. Now come to the quantum of salary he received for less than 3 years and
he suffered two counts, one is that despite holding a graduation degree with Be.d
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his career has been spoiled and now the conviction comes in the way to get a
dignified job and now his age has also crossed to get a good job. These factors
taken into consideration coupled with the fact that there is no criminal antecedents,
the principle of proportionality in the sentence require modification and it is
reduced to the period already under gone by the revision petitioner.
13. Accordingly this criminal revision is partly allowed and affirming the
conviction of the revision petitioner under section 420 of the IPC, his sentence is
modified from 3 year RI and fine of Rs. 5,000/- with default stipulation of 3
months RI to the period already under gone and fine of Rs.5,000 with default
stipulations.
14. Copy of the order be supplied to the revision petitioner through
Superintendent of the concerned Jail. Supersession warrant be prepared
accordingly.
15. Trial court records be remitted back.
(GAJENDRA SINGH)
JUDGE
ajit
