SINGANI DEVI Vs. STATE & ORS

JUDGEMENT

(1.) This criminal revision is against the findings of acquittal recorded by 1st Addl. Sessions Judge, Vaishali at Hajipur in Cr. Appeal No. 27/96, reversing the findings of guilt recorded by Sri Krishna Shankar Singh Saimar, Judicial Magistrate 1st Class, Vaishali at Hajipur in GR No. 2245/90, Tr. No. 38/96.

(2.) At the outset, I may refer to some of silent features of the prosecution case which gave rise to these proceedings. One Singani Devi (PW 5) filed a petition of complaint in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur with accusation of impersonating her and executing two deeds of sale purported to have been executed by her, in respect of some parts of land. It is not in dispute that the said petition of complaint was sent to the local police for institution of a police case under Section 156(3) of the Code of Criminal Procedure in pursuance of which a police case was instituted and investigation commenced, on conclusion of which police submitted charge-sheet against those persons who have been convicted by the trial Court.

(3.) In eventual trial, prosecution examined altogether 10 witnesses including Singani Devi, other witnesses, a photographer who took thumb impression of Singani Devi in Court, and also a finger print expert. The trial Court on appreciation of evidence of the witnesses, recorded finding of guilt, under Sections 420, 465 & 468/34 of the Indian Penal Code and sentenced them to run terms of sentence. When finding recorded by trial Court was challenged in appeal by the informant, aggrieved with the finding, the Addl. Sessions Judge, took into consideration various aspects of the case and recorded finding of acquittal reversing lower Court's judgment, which is impugned in this revision.