PUBLIC PROSECUTOR HYD Vs. TUMMALA JAMES BASU

JUDGEMENT

(1.) Aggrieved by the orders of acquittal passed by the Judicial First Class Magistrate, Madhira, Khammam District in C.C.No.42/93 for the offence under Sections 420 and 468 I.P.C., the State preferred this appeal.

(2.) The case of the prosecution is that the accused was working as a village servant in Madupalli village which fells under the jurisdiction of the Mandal Revenue Officer, Madhira, Khammam district. At the relevant point of time (i.e.,) in January, 1991 as there was no regular Mandal Revenue Officer, the neighbouring Mandal Revenue Officer, Bonakal, was holding full additional charge of the post. On 9-1-1991, it is the case of the petitioner, one Tummala Joji Babu, PW4, approached the accused for caste certificate for his brother in view of the relationship between them and the accused promised to get the certificate by collecting Rs.500/-. In fact he handed over the caste certificate Ex.P1 to PW4. PW4 having suspected the signatures on the caste certificate approached PW3, the typist in the office of the M.R.O. to find out the genuineness of the certificate. In the meantime one Swaminadham, of Bayyaram village to whom the accused gave another caste certificate dated 4-1-1991 also approached the staff in the M.R.O. office suspecting the genuineness of the certificate. The office staff having seen the signatures came to know that the signatures of the M.R.O. were forged by the accused. Further it is the case of the prosecution thereafter PW2 who was working as the Mandal Revenue Inspector at the relevant point of time, submitted a report to PW1 bringing to his notice about the issuance of the forged caste certificate by the accused and on that the M.R.O. instructed him to give a complaint to the police. Thereafter, PW2 lodged a complaint at 11.30 p.m. on 10-1-1991. The police having registered the same as Cr.No.3/91 investigated into the matter and filed charge sheet under Sections 420 and 468 I.P.C. against the accused. The plea of the accused is one of denial.

(3.) To prove the case of the prosecution, PW1, the Mandal Revenue Officer, PW2, the person who has given the complaint to the police, PW3, the typist, PW4, Tummala Joji Babu to whom the accused gave the false caste certificate and PW5, the Investigating Officer, were examined and Ex.Pl, the caste certificate issued in the name of Tummala Anantha Joseph and Ex.P2, the report given by PW2 were marked.