STATE OF CHHATTISGARH Vs. SHARAD KUMAR THAWAIT

JUDGEMENT

(1.) Appellant/State filed this acquittal appeal under Sec. 378(1) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') challenging judgment of acquittal dtd. 19/8/2002 passed by Judicial Magistrate First Class, Janjgir (C.G.) in Criminal Case No.200 of 2002 whereby learned Magistrate acquitted the respondent from charges under Ss. 507 and 509 of Indian Penal Code.

(2.) Facts relevant for disposal of this appeal, are that, complainant Noharlal Dewangan lodged a report on 1/7/1998 with concerned Police Station stating that he is engaged in the business of cloth selling. Since last about 5-6 months, some unknown person is sending unnamed letters of obscene comments. Letters are being sent from Raipur or Korba. In letters, obscene language and comments are being used against his wife, sister and niece. Last letter was received on 24/6/1998. In complaint, suspicion was raised upon five persons namely, Lala Thawait, Ganpati Dewangan, Chootelal Shriwas, Kedarnath Dewangan and respondent. Based on written report, First Information Report was registered. During course of investigation, applicant was arrested and charge-sheet was filed against him. Prosecution examined as many eight witnesses. Statement of respondent was recorded under Sec. 313 of Cr.P.C., in which, he pleaded not to be guilty. Prosecution also produced the documents, which were marked as Exhibits P/1 to P/24 including report of Handwriting Expert (State Examiner). After conclusion of trial, learned trial Court by impugned judgment acquitted the respondent from aforementioned charges.

(3.) Mr. Shivnath Shrivas, learned Panel Lawyer for the State/appellant would submit that learned Magistrate has not considered the evidence available on record properly. He submits that based on complaint of PW-2 Noharlal Dewangan, Police seized letter written by unknown person from PW-2 Noharlal Dewangan vide Ex. P/3. After receipt of letter, sample hand writing of respondent was taken. Letter seized and sample hand writing of respondent was sent to Handwriting Expert (State Handwriting Examiner). PW-7 Mahendra Singh Thakur upon examining questioned documents forwarded to him, submitted report on 17/12/2019 and found documents marked as S-1 to S-40 to be written by same person who wrote document marked as Q-1 to Q-6. Opinion of Handwriting Expert is marked as Ex.P/6 and Ex.P/