STATE OF GOA Vs. CONNY N. PEREIRA

JUDGEMENT

(1.) This is State Appeal against the judgment and order dated 24/01/2012 passed by the learned Assistant Sessions Judge-1, North Goa, Panaji (Assistant Sessions Judge, for short) in Criminal Appeal No. 113 of 2011 by which the respondent who was accused no. 1 in IPC Case No. 29/2001/B, has been acquitted of the offence punishable under section 471 of the Indian Penal Code (I.P.C., for short), by giving benefit of doubt to him.

(2.) In all four accused persons were tried by the learned Judicial Magistrate, First Class, Panaji (J.M.F.C, for short) in the said IPC Case No. 29/2001/B for offence punishable under Sections 468 and 471 read with Section 34 of I.P.C. Case of the prosecution was as follows:

(3.) Accused no. 3 had expired and accused no. 5 was absconding. Accordingly, charge was framed against the accused no. 1, 2 and 4 for the offence under Sections 468 and 471 read with Section 34 of I.P.C. The said accused persons pleaded not guilty. The prosecution examined 14 witnesses in support of its case. The statements of the said three accused persons under Section 313 of Criminal Procedure Code, were recorded. The case of the accused persons was of denial simpliciter. They did not examine any witness in defence.