SYED ANSEER Vs. STATE BY ARAKERE POLICE

JUDGEMENT

(1.) The present petitioner was tried in the Court of learned Civil Judge (Jr.Dn.) & J.M.F.C., Srirangapatna, (hereinafter for brevity referred to as 'trial Court'), in C.C.No.103/2003, for the offences punishable under Sections 419 , 420 , 468 , 471 of Indian Penal Code, 1860 (hereinafter for brevity referred to as ' IPC '). The trial Court by its judgment of conviction and order on sentence dated 8.11.2006, convicted the accused for the offences punishable under Sections 420 , 468 , 471 of IPC.

(2.) The summary of the case of the prosecution is that the complainant though was not an Electrical Contractor, still, impersonated himself as an Electrical Contractor before PW-6- Sri C.S.Srinivasa and collected money from him, promising that he would get the electrical connection and supply to his pumpset in his agricultural field. In that connection, the accused created certain documents and forged the signature of the sanctioning authority to depict that an electrical supply has been sanctioned by the electrical supply authorities. The entire incident came to the light when the complainant - A.M.Sobagegowda (PW-1), who was an Assistant Executive Engineer of the Karnataka Electricity Board (hereinafter for brevity referred to as 'KEB'), visited the land of the cheated person Srinivasa (PW-6) on 22.3.1997.

(3.) Charges were framed against the accused for the alleged offences. Since the accused pleaded not guilty, trial was held, wherein the prosecution examined fourteen witnesses from PW-1 and PW-14 and got marked documents from Exs.P-1 to P-25(a) and the Handwriting Expert, as a Court Commissioner, got marked documents at Exs.C-1 and C-1(a) as his report and signature. From the accused side, neither any witness was examined nor any documents were marked as exhibits.