STATE OF TRIPURA Vs. SHYAMAL GHOSH

JUDGEMENT

(1.) HEARD Mr. A. Ghosh, learned Addl. PP appearing for the appellant State as well as Mr. R. Datta, learned counsel appearing for the respondent.

(2.) A criminal investigation had started against the respondent on the basis of the complaint filed by one A.D. Das, Sub -Divisional Magistrate, Sabroom, South Tripura to the Officer -in -Charge, Sabroom PS, South Tripura for illegal activities relating to issuance of citizenship certificate.

(3.) THE prosecution, in support of their case, adduced as many as 12 witnesses including the informant and those three persons as PWs 8, 9 and 10, whose signatures were alleged forged by the respondent. After recording the evidence, the learned trial Court returned finding of acquittal. It appeared from the evidence that the respondent admitted in presence of the PWs 1, 7, 8 and 9 to have filed the applications in the name of the said persons but they did not see him putting the signatures. From the evidence of PW 6, it transpired that the accused did not sign by the name of the applicants. THE evidence of PWs 10 and 12 prima facie shows that a case against the respondent was prima facie found but they could not explain before the Court how prima facie case was found. THE so called confessional statement of the accused before the PWs 1, 7, 8 and 9 being in the nature of the extra judicial confession was held to be a weak piece of evidence basing which no conviction can be sustained. Accordingly, on benefit of doubt the respondent was acquitted by the trial Court from the charge as framed under Section 468 IPC by the impugned judgment and order dated 27.03.2004 as passed in G.R. No. 54 of 2003 by the learned Judicial Magistrate, 1st Class, Sabroom, South Tripura.