STATE OF MADHYA PRADESH Vs. ARIF

JUDGEMENT

(1.) Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure ("Code" for short) against the acquittal the respondents, viz. Arif, Shahid Miya and Rijwan Khan, of the offences punishable under Sections 120B, 420 read with 120B, 467, 468 and 471 of the Indian Penal Code (for short "the IPC"). The impugned judgment dated 29/9/10 was passed by II Additional Judge to the Court of I Additional Sessions Judge, Bhopal in Sessions Trial No. 699/09.

(2.) Having regard to the arguments advanced by the learned Government Advocate, we have gone through the impugned judgment, whereby the respondents have been acquitted as indicated above.

(3.) As per the prosecution story, during the period intervening 19/2/08 to 27/3/08, in furtherance of a conspiracy to embezzle the relief amount awarded to gas victims, respondents, by producing a forged and concocted death certificate of one Bano Bi wife of Aziz Hussain before Gas Claims Tribunal No. 6 and declaring themselves to be her legal heirs, obtained sums of Rs. 8333/- and 16,667/-. Written complaint (Ex. P/16) was lodged by Deputy Commissioner of the Tribunal. First Information Report (Ex. P/19) was registered and after completion of investigation, charge-sheet was filed.