AFTAB UDDIN BARBHUIYA Vs. MIR ALFAZ ALI

JUDGEMENT

(1.) Heard Dr. B. Ahmed, learned counsel for the appellant and Mr. BM Choudhury, learned counsel for the ccused/respondent.

(2.) This appeal is directed against the judgment and order passed by learned Chief Judicial Magistrate in CR Case No. 610/2004 acquitting the respondents of the charges under Sections 468/471/34 IPC.

(3.) As per prosecution case, the appellant filed a complaint before the court of learned CJM on 30.12.2004 alleging that the respondents with dishonest intention, got a sale deed executed on 23.06.2008 forging the signature of the complainant's mother in respect of 4 Bigha, 4 kathas 14 leches of land. It was also alleged in the complaint that Askun Nessa and Amina Khatun executed the deed impersonating Golapjan Bibi, the mother of the complaint at the instigation of the respondents. The respondent Makaddas Ali instituted a civil suit where he produced the said sale deed No. 2480 and on the perusal of the sale deed, complainant came to know about the alleged forgery committed by the respondents, hence, lodged the complaint. Upon receiving the complaint, learned Chief Judicial Magistrate conducted an enquiry u/s 200 Cr.P.C. and took cognizance against four of the accused persons named in the complaint and issued process. Upon appearance of the respondents, learned CJM framed charges u/s 468/471 IPC read with Section 34 to which the respondents pleaded not guilty. Complainant examined five witnesses to establish the charges and on appreciation of evidence, learned Magistrate held that the offence against the appellants were not proved beyond reasonable doubt and acquitted the respondents of all the charges u/s 468/471/34 IPC.