K. SELVANATHAN Vs. INSPECTOR OF POLICE AND OTHER

JUDGEMENT

(1.) This Criminal Revision has been filed against the order of acquittal, dated 15.11.2007 and made in C.A.No.61 of 2007 on the file of the I Additional District Judge (PCR), Trichy, reversing the judgment of conviction and sentence imposed on the 2nd respondent/A1 by the Judicial Magistrate No.IV, Trichy, dated 13.04.2007 and made in C.C.No.239 of 2005.

(2.) The case of the prosecution is that the accused had entered into an agreement of sale with the complainant, accepting Rs. 4 Lakhs as advance to alienate the property in favour of him and during the pendency of the valid agreement, he has forged the document as if the sale was cancelled between the parties and further a sale was executed in favour of his sister and thereby, he fraudulently impersonated the signature of the complainant.

(3.) In the trial court, 11 witnesses were examined and 8 exhibits were marked. When the accused were questioned about the incriminating circumstances, they denied the same. The trial court convicted the 2nd respondent/A1 for the offences under Sections 468, 419 and 423 IPC and sentenced him to undergo two years of RI and imposed a fine of Rs. 1,000/-, in default to suffer 3 months of SI for the offence under Section 468 IPC; to suffer one year RI each, for the offences under Sections 419 and 423 IPC and acquitted the other accused. Aggrieved by the judgment of the trial court, A1 has preferred appeal before the I Additional District Judge (PCR), Trichy in C.A.No.61 of 2007 and the first appellate Court reversed the finding of the trial Judge and acquitted A1. Against the judgment of the first appellate court, the revision petitioner/Complainant is before this court.