MOHAMMAD ASADULLAH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 28-5-1985 and order of conviction dated 30-5-1985, recorded by the learned Sessions Judge Bhaderwah in Criminal File No. 54/Session entitled State v. Mohd Asadullah and another for offence under Sections 466/468/420/471 read with Section 109 RPC. Accused Mohd Asadullah was sentenced to undergo two years simple imprisonment and a fine of Rs. 500.00 in proof of offence under Section 466 RPC and in default of payment of fine the accused shall also suffer four months imprisonment. Whereas accused Subhan Lone who was also sentenced to suffer two years simple imprisonment and a fine of Rs. 500.00 for offence under Section 466 RPC read with Section 471/109 RPC as abettor in forging the Court record and in default of payment of fine, he shall also undergo four months imprisonment respectively.

(2.) The sheet anchor of the prosecution case discernible from the material on the record depicted in narration is that a case for offence under Sections 420/466/468/471/109 RPC was registered against accused Mohd. Asadullah and Subhan Lone on a written report of the then District and Sessions Judge, Bhaderwah dated 9-5-1981 and in verbatim is reproduced as under :-

(3.) The police swung into action and on completion of investigation and after recording the statement of witnesses and after obtaining the specimen writing of accused Mohd Asadullah, the same was sent for comparison with the document alleged to have been forged by the accused, produced the challan against both the accused.