STATE OF PUNJAB Vs. MOHINDER PARTAP

JUDGEMENT

(1.) THIS appeal and Criminal Appeal No. 283-DBA of 1989 have arisen out of same judgment of trial Court. Since common questions of fact are involved in both of them, the same are being disposed of by this judgment.

(2.) BRIEFLY stated the prosecution case is that on the report of Gamdoor Singh, Block Development and Panchayat Officer which was forwarded with the endorsement of District Development and Panchayat Officer, Ferozepur and Deputy Commissioner, Ferozepur, a case Under Sections 409/467/468/471 I. P. C. was registered against the respondent and others. During investigation, it transpired that Mohinder Partap Sarpanch, respondent in this case, did not hand over Rs. 10,000.00 to Mool Chand. The latter disclosed during investigation that proceedings of panchayat dated 17. 6. 1980 and 25. 6. 1980 were not conducted in his presence and his signatures on both the proceedings were forged one. He also disclosed that Mohinder Partap respondent did not hand over Rs. 10,000.00 to him for the purchase of bricks. During investigation, it was further found that Mohinder Partap respondent was having Rs. 45,647. 10p belonging to the Gram Panchayat as per cash book; that Nagin Chand, Lamberdar admitted before Gamdoor Singh that resolution dated 25. 6. 1980 was scribed by him at the instance of Mohinder Partap respondent; that on 20. 8. 1980, the respondent had Rs. 41,147. 10 p with him and that the respondent at the instance of Sukhdev Singh, B. D. P. O. issued receipts for Rs. 4,500.00; that the disputed signatures of Mool Chand were sent to the Document Expert and that on receipt of report of Document Expert and that on receipt of report of Document Expert to the effect that his signatures were forged, criminal case Under Section 409 of the Indian Penal Code was registered.

(3.) THE respondent was accordingly tried and - - acquitted by the Judicial Magistrate Ist Class, Fazilka vide his judgment dated 30. 7. 1988.