STATE Vs. L S BRAR

JUDGEMENT

(1.) THIS appeal preferred by the State has been directed against the judgment dated 06.03.2006 rendered by Sh. Rajesh Kumar Singh, MM, New Delhi in the case No.134/2 arising out of First Information Report (FIR) No.190/2002 under Sections 420/ 467/ 468/ 471/ 120 -B of the I.P.C. registered at Police Station N.F. Colony (Crime Branch) titled State Vs. Mukesh Kumar Gaur, etc.

(2.) THE respondent/accused Sh.L.S. Brar has been acquitted by giving benefit of doubt while convicting the first accused Mukesh Kumar Gaur of the offence under Sections 120 -B/ 465/ 467/ 471 I.P.C. The conspiracy against the respondent/accused was also not proved. The role attributed to the accused was that he had attested the Will (Exhibit PW -7/A) by putting his thumb impressions at points 'Q1' and 'Q2' and his signatures thereon. The co -accused Mukesh Kumar Gaur did not produce the original Will. The photocopy, on the basis of which the prosecution was launched, was recovered from the Revenue Branch. Adverse inference was drawn against Mukesh Kumar Gaur while convicting him, as aforesaid.

(3.) THE photocopy of the Will (Exhibit PW -7/A) upon being sent for forensic examination, firstly, drew the response that opinion could not be given on the basis of a photocopy, and for the purpose of examination, original thumb impression on the document was required, vide letter (Exhibit PW/DA) of the Director, Finger Print Bureau (FPB).