MOTISINGH GAMBHIRSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Additional Sessions Judge Baroda in Sessions Case No. 26 of 1960 convicting the appellant under sec. 467 I. P. Code and sentencing him to rigorous imprisonment for six months.

(2.) The prosecution case was that the appellant who was a Talati in charge of Manjrol Saja in Sinor Taluka was entrusted with certain amount of money in 1956 for distribution to cotton growers within his range of three villages. One of these persons was one Hirabhai Manorbhai and the amount payable to him was Rs. 0-10-0. It is the prosecution case that without paying the amount of Rs. 0-10-0 to Hirabhai Manorbhai the appellant prepared a false document purporting to be a receipt by Hirabhai Manorbhai for Rs. 0-10-0 and sent it to the Taluka office. It was also the case of the prosecution that Hirabhai Manorbhai had died in 1950. It was also the prosecution case that the receipt was attested by the appellant in column 5 He was therefore charged with having forged a document purporting to be a valuable security namely the receipt for Rs. 0-10-0 purporting to have been signed by one Hirabhai Manorbhai of Sinor (who was then dead) and attested by him with intent to commit fraud and to cause damage to the son of the deceased and to the Government.

(3.) At the trial the prosecution relied on Ex. 11 the alleged document purporting to be a receipt which consisted of various entries. It consisted of 5 columns. In the first three columns were entered the serial No. name of the person and the amount paid. The fourth column was meant for the signature of receiver. The fifth column contained certain initials. The prosecution relied mainly on the evidence of the complainant who is a Circle Inspector of Dwarkadas of the revenue clerk in 1956 and of the Mahalkari Ananatrao (Ex. 15).