LAWS(PAT)-2012-8-190

TUFAIL AHMAD Vs. STATE OF BIHAR

Decided On August 31, 2012
TUFAIL AHMAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Nobody appears on behalf of the appellant to press this appeal. Accordingly, Mr. Shailendra Kumar Jha, Advocate is appointed as amicus curiae to assist this Court in this appeal on behalf of the appellant. State is represented by Mr. Sujit Kumar Singh, A.P.P.

(2.) This appeal has been preferred against the judgment dated 17.08.2001 acquitting the accused persons for the offences punishable under Sections 465, 468 and 120 B of the Indian Penal Code.

(3.) The allegation is that Kishori Devi claiming to be the daughter of Jugeshwar Kanu had executed a sale-deed in favour of several persons. The other accused persons are either purchasers or the scribes of the sale-deed. According to the complainant, Tapeshwar Kanu and Jugeshwar Kanu were own brothers. Jugeshwar Kanu died in the lifetime of Tapeshwar Kanu. The wife of Jugeshwar Kanu pre-deceased her husband. It is said that Jugeshwar Kanu died issueless and as such, Kishori Devi was not the daughter of the said Jugeshwar Kanu. According to the complainant, he learnt about execution of the sale-deed from Lalan Parbat (PW 1) on 31.07.1992, after which he approached Kishori Devi. It is said that there was a panchayat when that failed, this complaint case was filec.