DINABANDHU PRADHAN Vs. SARAT CHANDRA PRADHAN

JUDGEMENT

(1.) Appellant is the complainant in I.C.C. No.55 of 1985 (Trial No.285 of 1985) and challenges the order of acquittal dated 23.5.1986 recorded by learned J.M.F.C., Kendrapara acquitting the respondents of the charge under Sections 465, 471/34 of the Indian Penal Code.

(2.) The fact of the case of the appellant as complainant is that he is the Secretary of Ramachandi M.E. School situated in Mouza Ekalapur under Mohakalapara Police Station in the undivided Cuttack district. Sarat Chandra Pradhan (Respondent No.1) is the Headmaster of the said School, Lochanabala Beura (Respondent No.2) is the younger sister of the wife of Respondent No.1 and Tarulata Swain (Respondent No.3) is the daughter of the cousin sister of Respondent No.1. Though Respondents 2 and 3 were the students of the said M.E. School, they did not appear in the Middle School Certificate Examination held in the year 1983. But all the three respondents with dishonest and fraudulent common intention of making illegal gain of securing admission of Respondents 2 and 3 in the Ramachandi High School by cheating fraudulently fabricated the school leaving certificates of Ramachandi M.E. School. The said two certificates were forged certificates and were granted by Respondent No.1 under his signature and seal of the said school to Respondents 2 and 3 which falsely showed that the said two respondents had passed Middle School Certificate Examination held in the year 1983. The two lady respondents utilized the certificates knowing to be forged by presenting the same before Sri Sarat Chandra Jena, the Headmaster of Ramachandi High School and made him to believe that they had passed the Middle School Certificate Examination in the year 1983 securing the pass marks in the subjects mentioned in the certificates. The said Sri Sarat Chandra Jena, Headmaster of Ramchandi High School believing the certificates to be genuine admitted both respondents 2 and 3 Lochanabala Beura and Tarulata Swain to Class-VIII of Ramachandi High School on 6.7.1983 and 7.7.1983 respectively. Subsequently, the appellant as complainant, the Secretary of Ramachandi High School, filed the complaint case on which learned S.D.J.M., Kendrapa took cognizance of the offences under Sections 465,471/34 of the I.P.C. and summoned the respondents/accused persons to appear and after their appearance in obedience to the summons the case was transferred to the Court of J.M.F.C., Kendrapara where the respondents faced the trial standing charge of the offences as mentioned above and on conclusion of the trial were acquitted of the said charge and hence this appeal by the complainant/appellant.

(3.) In order to prove the charge the appellant had examined himself as P.W.1 and four other witnesses. Since the respondents pleaded not guilty to the charges and feigned innocence, the trial commenced for cross-examination of the complainant/appellant and as witness. During the trial the complainant could not produce the four witnesses he had examined before charge and as such their evidence recorded before charge was expunged. Complainant/appellant in his examination-in-chief has corroborated the complaint petition story. But in his cross-examination he has admitted that he has got no personal knowledge regarding the fact of the case.