STATE OF GUJARAT Vs. GAURISHANKAR NARANDAS JOSHI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 31.5.2004 rendered by the learned Judicial Magistrate First Class, Porbandar, in Criminal Case No.13844 of 1996. The said case was registered against the present respondent original accused for the offence under Sections 465, 468, 469, 471 and 474 of the Indian Penal Code.

(2.) ACCORDING to the prosecution, on or about 1.10.1990 the opponent accused dishonestly pasted a slip written "clerk" on the word "Accountant" in the papers of Shisukunj School and thereby obtained appointment and committed offence punishable under Sections 465, 468, 469, 471 and 474 of the Indian Penal Code. The Managing Trustee of Shisukunj School Shri Chandrakantbhai Jethalal Joshi filed case in the Court on 19.3.1996. The learned Magistrate passed order of investigation under Section 156(3) of the Cr.P.C.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him.