STATE OF MAHARASHTRA Vs. DNYANDEO SUDAM WAGHMARE

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the order of acquittal recorded by the JMFC, Pandharpur acquitting the respondent-accused of offences of cheating, forgery and use of forged documents with which he was charged in Regular Criminal Case No. 29 of 1988 by the judgment and order dated 13-9-1993.

(2.) BRIEFLY narrated the facts leading to the present appeal are as follows : -The respondent had joined the services of Zilla Parishad as a Primary teacher since 25th August 1958. At that time he had given his birth date as 4-11-1934 which was entered into his service record. In the year 1980 Education officer, Zilla Parishad, Solapur directed the Block Education Officer, Pandharpur to verify the entries of service books of employees as regards birth dates. The school leaving certificates were called from the employees. The respondent-accused produced his school leaving certificate in which his birth date was shown as 10-2-1930. Accordingly the new page in the service book of the respondent-accused was pasted showing his birth date as 10-2-1930. The respondent-accused produced forged birth extract obtained from the office of Tahsildar which was issued on the basis of entry at Serial No. 92 in the Birth and Death Register pertaining to his younger brother showing the birth date of the accused to be 4-11-1934. The said extract is produced on record at Exhibit 18. The Department had obtained the correct extract of birth from the Birth and Death register maintained in form No. 14 as per which the date of birth of respondent-accused was shown as 1-1-1930. Taking the said birth extract, which is again produced at exhibit 18 on record, as correct extract the Department retired the respondent-accused on 31-12-1987 on superannuation after completing 58 years on the basis of the birth extract showing his birth date as 1-1-1930. The respondent-accused had filed a civil suit challenging the act of the Department retiring him on 31-12-1987. He, however, withdrew that suit. The department had initiated enquiry against the respondent-accused and found that the respondent had deliberately given wrong birth date by producing forged extract of birth certificate and lodged a complaint on the basis of which prosecution was initiated against the respondent-accused for offences under sections 420, 466, 467 and 471 of IPC in regular Criminal Case No. 29 of 1988 in the Court of JMFC, Pandharpur.

(3.) THE trial Court framed charges against the respondent-accused on 15th june 1988 for offences under sections 420, 466, 467 and 471 of IPC to which the respondent-accused pleaded not guilty and, therefore, the accused was put to trial. On behalf of the prosecution three witnesses had been examined and documentary evidence was produced. The first witness examined on behalf of the prosecution is PW1 Shriniwas Bhanap, the Block Education Officer of pandharpur. The second witness examined on behalf of the prosecution is PW 2 suresh Kolekar, the Record Keeper in the Tahsil Office Pandharpur and the third witness is none other than the younger brother of the respondent-accused by name Mahadeo Waghmare as PW3. The defence of the accused was of simple denial. According to him he did not cheat the department but the witnesses had deposed falsely against him because he filed a civil suit against the department.