STATE OF GUJARAT Vs. KIRTIBHAI MAGANBHAI PATEL

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 29.5.2006 rendered by learned Judicial Magistrate, First Class, Lunawada in Criminal Case No.908 of 2004.

(2.) The short facts giving rise to the present appeal are that respondent No.1 - Kiritbhai Maganbhai Patel was lease holder under the provisions of the Mines and Minerals Act 1966 ("the Act" for short) for getting minerals from Panam river-bed. It is the case of the prosecution that in between 31.8.1998 and 3.2.2004 respondent No.2 and other two persons forged royalty book as well as also prepared duplicate seal and documents in order to avoid payment of royalty and in carrying out such illegal activity, respondent Nos.3 and 4 aided and abeted and while carrying out such illegal activities, they printed for about 18 royalty books containing 100 bills in triplicate. Ultimately, the complaint came to be lodged against the respondents accused for the offence under sections 464, 465, 468, 470, 471, 473, 474 and 114 of Indian Penal Code and sections 5(42) and 22 of the Act.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.