MOHAMMAD ISA KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal revolves round the questions (1) Whether the evidence of witnesses identifying the accused for the first time in court without having identification test during investigation can be relied upon and (2) whether the opinion of Hand writing and Finger Print Expert in respect of signature on the voucher can form basis of conviction and sentence of the appellant Mohammad Isa.

(2.) This appeal has been preferred by the appellant against the judgment and order dated 3-12-1979 passed by Sri Usha Kant Varma, the then Vth Additional sessions Judge, Kanpur, in session Trial No. 273 of 1972 whereby he has convicted the appellant Mohammad Isa under S. 419, IPC and sentenced him to two years' rigorous imprisonment, under S. 420, IPC to 3 years' rigorous imprisonment and a fine of Rs. 2000.00, under S. 467 to four years' rigorous imprisonment and a fine of Rs. 10,000.00 under S. 468, IPC to 3 years' rigorous imprisonment and under S. 471, IPC to 3 years' rigorous imprisonment, 'making all the sentences to run concurrently. In default of payment of fine, he has been directed to further undergo rigorous imprisonment for six months.

(3.) The facts leading to this appeal, briefly stated, are that one Hari Shanker Gupta, Head Cashier in the office of the Director of Industries, made available a blank voucher to Ali Raza, who made forged entries therein except the signature of Ram Pratap Singh Bhatia for Rs. 24000.00. purporting to have been issued by Sri C. R. Mitra, Director of H.B. Technological Institute, Kanpur and allegedly being passed by Sri Wanish Ali Khan, Additional Treasury Officer, Kanpur. Mohammad Isa Khan forged the fictitious signature of Ram Pratap Singh Bhatia on Ext. 1 and presented it before V. C. Sarkar P.W. 2 on 29-3-65, who at the relevant time was working as Clerk at the local Head Office of the State Bank of India, Kanpur, V.C. Sarkar on comparison of the signatures of the Additional Treasury Officer on the voucher with the specimen signatures with the Bank, found the signatures on the voucher not tallying with those available with the Bank as specimen signatures. Consequently, he contacted the Officer Incharge Sri K. I. Dixit, who advised the Clerk to return the voucher to the payee for getting the voucher signed again by the Additional Treasury Officer Sri Wanish Ali Khan. Accordingly, the voucher was returned to the payee (the appellant). Ali Raza again made forged signature of the Additional Treasury Officer on the voucher. Binda Prasad Khanna, Head Clerk of the same Branch of the Bank persuaded one Sohan Lal (P. W. 1) who was having a current account No. 9189 in the State Bank of India to identify the signature of Ram Pratap Singh Bhatia on the voucher. P.W. 2 at the persuasion of Sri Binda Prasad Khan allegedly attested the signatures of the appellant as that of Ram Pratap Singh Bhatia on that voucher. At that time Gautam Prakash Saxena (P.W. 6), Cashier of Incometax Department Kanpur, was also present in the Bank. The appellant again presented the voucher before V.C. Sarkar (P.W. 2) who saw the re-appended signature of the Additional Treasury Officer Sri Wanish Ali Khan on the voucher and found the forged signature of Ram Pratap Singh Bhatia attested by Sohan Lal disclosing his account number and the signature of Sohan Lal was attested by S.R. Singh, Incharge of Current Account of the State Bank. Sri V.C. Sarkar taking the voucher as genuine passed it for payment and handed over token No. 880 to the appellant to receive the payment on the counter. Ayodhya Prasad P.W. 3, who was Cashier in the State Bank called the holder of Token No. 880 to receive payment. The appellant appeared and received the payment of Rs. 24,000.00 from P.W. 3 Ayodhya Prasad. On 2-4-65 it was detected that no such amount of Rs. 24,000/was deposited by the Director H. B. T. I. Kanpur nor such refund order was passed by the Treasury and the seal as well as signature of the Additional Treasury Officer Sri Wanish Ali Khan were forged. The Director H.B.T.I. was contacted, who found his signatures to be forged. An FIR of this incident was lodged at 12-10 p.m. on 9-4-65 by Sri M. N. Khanna, senior Treasury Officer, at police out post 280 of Police Station Kotwali Kanpur and a case was registered on its basis.