MD. GULAM RASOOL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This acquittal appeal has been filed to challenge the judgment in Criminal Appeal No. 12 of 2015.

(2.) In the said criminal appeal, the judgment of conviction of the opposite party no. 2 herein in G.R No. 415 of 2000/T.R. No. 39 of 2015 has been set aside by the lower appellate Court and the opposite party no.2 has been acquitted of the charge under Sec. 465, 468 and 471 of the Indian Penal Code.

(3.) In PCR Case No. 74 of 2000, the complainant made allegations against the opposite party no.2 who was former Secretary of Madarsa Asgariya at village Sahpur Beldiha and the Head Maulvi of syphoning of Rs.37572.00 and the salary of his wife for the months from October 1993 - September 1994 amounting to Rs.12558.00. In the trial, six witnesses were examined but PW4 Md. Moinuddin, PW5 Md. Sahjahan and PW6 Md. Fakruddin were declared hostile. The informant tendered evidence as PW3 and reiterated his allegations made in the complaint case which was later transferred to the police for investigation and Mahagama PS Case No. 37 of 2000 was lodged. In his defence, the opposite party no.2 examined DW1 Md. Sarful Hoda and DW2 Md. Amjad Hussain.