A.V.K. ARULKRUSHNAN Vs. B.K. CHELLAPPAN

JUDGEMENT

(1.) The present revision is filed against the judgment of the lower Appellate Court dated 21.08.2015 in C.A.No.129 of 2014 confirming the judgment of the trial court in C.C.No. 44 of 2008 dated 13.08.2014 in and by which the petitioner/accused was convicted for offences under Sections 467 and 471 IPC. He was sentenced to undergo 6 months rigorous imprisonment and to pay a fine of Rs.1000/- in default of payment of fine, to undergo 1 month rigorous imprisonment for each of the offence.

(2.) According to the revision petitioner, both the trial court and the lower Appellate Court have committed grave error in convicting the petitioner, when there was absolutely no evidence to connect the petitioner to any act of forgery in respect of the sale executed by one Maniammal which was marked as Ex.P.1. The said Maniammal is the grand mother of the petitioner herein.

(3.) The learned counsel appearing for the revision petitioner would strenuously contend that in order to make out a case for conviction under Sections 467 and 471 IPC, there must be unimpeachable evidence to demonstrate that the petitioner has committed the act of forgery. In this case, according to the learned counsel for the petitioner, the trial court only on presumption has drawn inference that it was only the petitioner, who could have corrected the survey numbers in the Will executed by his grand mother, Maniammal since a copy of the Will was available only with the petitioner after the death of the testator.