BALKRISHNAN THIRUMALAR NADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Criminal Revision Application, the applicant challenges his conviction under section 465, 467, 468 and 471 of Indian Penal Code and as also the sentence of rigorous imprisonment and fine imposed on him by the learned Judicial Magistrate, First Class, Pimpri and confirmed by the Sessions Court, Pune.

(2.) The prosecution case in brief is as under-

(3.) According to the complainant, she had not executed any sale-deed in favour of the aplicant. The sale deed dated 10th of July 1998 did not bear her signature and signature thereon was forged. The complainant alleged that the applicant used the said forged sale-deed as genuine to get the said land transferred in his name in the record of rights. Hence, the complainant had been to the office of Talathi 7-12 extract for the purpose of getting a loan on the said property and he came to know of the fraud and forgery The complainant therefore, lodged First Information Report with Pimpari Police Station on 16th of May 1999. The Police-Sub-Inspector Laxman Pawar carried out the investigation. He seized the original sale-deed from the applicant. He also obtained the speciman signatures and thumb impression of the complainant as well as the applicant and obtained opinion of a hand writing expert. As per the opinion of the hand writing expert, signature on the sale deed dated 10th of July 1998 is not of the complainant. He opined that signature purported to be of the complainant appearing on the sale deed was forged. Accordingly, the police filed a charge-sheet against the applicant.