LAWS(ORI)-2002-2-8

STATE OF ORISSA Vs. MD ABDUL SATTAR

Decided On February 06, 2002
STATE OF ORISSA Appellant
V/S
MD.ABDUL SATTAR Respondents

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and order assed by the C.J.M., Bhawanipatna acquitting the respondent from charge under Section 468 of the Penal Code.

(2.) Case of the prosecution is that during; the period from 3.1.1982 to 26.9.1982 the respondent was working as Head Moharir in the District Police Office, Kalahandi, Bhawanipatna. During his tenure as Head Moharir he forged four Bus warrants in favour of S.I. M. Khan and A.S.I.A. Rahman. On verification, it was found that those two police officers were never posted in the district of Kalahandi. The Bus warrants were suspected to have been forged by the respondent for the purpose of cheating the Government with dishonest intention. Accordingly, an F.I.R. (Ext. 13) was lodged by the Accountant of the district Police Office, Kalahandi and upon investigation charge- sheet was submitted for the offence alleged to have committed under Section 468, I.P.C.

(3.) Twelve witnesses were examined on behalf of the prosecution to prove the charge and on consideration of the evidence though the learned Magistrate came to conclusion that there is some material to show that the documents had been forged by the respondent, intention to cheat having not been proved, he acquitted the respondent of the charge.