BALRAM MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The revision is directed against the judgment of conviction and sentence dated 19.1.2007 passed by Chief Judicial Magistrate, Dhanbad in G.R. case no. 1340/2004 and T.R. no. 1457 of 2007, by which judgment he found the petitioner, Balram Mandal guilty under Sections 466/468/471 of the Indian Penal Code and sentenced him to undergo S. I. for 2 years under all the three sections. However, all the sentences were directed to run concurrently and against the judgment in appeal passed by Sri Sunil Kumar Singh, Additional Sessions Judge, F.T.C., I, Dhanbad in Cr. Appeal No. 32 of 2007 dated 24th May, 2007 by which judgment he found the appellant guilty under Section 471 of the Indian Penal Code and sentenced him to undergo S.I for 2 years. However, he acquitted the petitioner under Sections 467 and 468 of the Indian Penal Code.

(2.) IT is submitted by the learned counsel for the petitioner that the main point in revision is that there is no evidence that the petitioner was knowing that the order of recall which he is representing before the police was a forged document and as such the finding of conviction under Section 471 of the Indian Penal Code is bad in law and fit to be set aside.

(3.) IT is also further submitted that during trial the prosecution has examined 8 witnesses and P.W.4 -the informant proved his F.I.R. as also he proved the recall slip which he claimed was not signed by him. P.W.1, Sriram Mandal gave a detailed evidence and stated that when the accused was called by Dy. S.P., went to him and stated that the recall order was given to him by the Junior Advocate of his Senior, Chunnu Babu and there is no evidence that the accused had any knowledge that the document was forged and hence his conviction is bad and fit to be set aside.