STATE OF MADHYA PRADESH Vs. RAMDAS

JUDGEMENT

(1.) This appeal has been preferred by the Petitioner/State against the impugned judgment of dtd. 5/10/1999, whereby the respondents herein have been acquitted from the charges punishable under Ss. 419, 420, 467 and 471 of the IPC by the Additional Chief Judicial Magistrate, Dongargarh (M.P.) (Now Chhattisgarh), in Criminal Case No. 124/1993.

(2.) The case of the prosecution, in brief, is that on 8/8/1991, respondent Vimla Bai from Village Sendri obtained loan of Rs.6,000.00 from Seva Sahkari Samiti, Dongargarh Branch under the I.R.D.B. Plan for the purpose of purchasing Bullockcart with oxen impersonating herself as Name Bai belonging to the Tribal community. Respondent Ramdas is husband of respondent Vimla Bai and it is found that he along with other respondents forged the documents in the name of Namebai. Thereafter, Harishchandra, Vice-Chairman of Seva Sahkari Samiti, Thakurtola (PW1) made a written complaint to the Thana Inspector, Bortalab regarding the same. After completion of investigation, chargesheet was filed and charges were framed under Ss. 420 and 471 of IPC against the respondent Ramdas, under Ss. 419 and 420 of IPC against the respondent Vimla Bai and under Ss. 467 and 471 of IPC against the other respondents/accused.

(3.) In order to bring home the guilt of the respondents/accused, prosecution has examined as many as 9 witnesses. Statement of the respondents herein were also recorded under Sec. 313 of Cr.P.C. wherein they denied guilt.