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2016 DIGILAW 1249 (JHR)

State of Jharkhand v. Amrit Ram, son of Late Jagat Ram

2016-08-11

SHREE CHANDRASHEKHAR, VIRENDER SINGH

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JUDGMENT : Virender Singh, J. Being aggrieved of the acquittal earned by respondent-accused–Amrit Ram (hereinafter referred to as "accused") for the offences punishable under Sections 420/467/468/471 I.P.C. vide impugned judgment of learned Sub-Divisional Judicial Magistrate, Daltonganj dated 18.11.2002, State has preferred the instant appeal which stands admitted vide order dated 16.12.2003 and now taken up on Board for its final consideration. 2. Heard learned counsel for both the sides and re-scanned the entire prosecution evidence available on lower court record. 3. Although, we find some irregularity committed by the State in not filing formal application under Section 378(3) Cr.P.C. for grant of leave in the instant appeal before it was admitted, but we ignore the aforesaid irregularity at this stage as the appeal has already been admitted. 4. The long and short of the prosecution case is that the accused was promoted to the post of Clerk on the basis of mark-sheet of Matric examination (supplementary) produced by him along with letter no. 1308 dated 20.10.1982. When that mark-sheet was verified from Hindi Vidyapith, Deoghar by P.W3, letter no. 122 dated 07.07.1994 and letter no. 123 dated 08.07.1994 were received informing that the accused failed in supplementary examination held in 1978 and that the aforesaid letter no. 1308 dated 20.10.1982 was a forged document. On these allegations, the aforesaid charges were framed against the accused in which he faced trial. In all the prosecution has examined four witnesses, out of which P.W1 and P.W2 did not support the case of the prosecution and were declared hostile. The Investigating Officer of the present case, in any case, cannot improve the case of the prosecution and, in our considered view, the entire prosecution case is banking upon the statement of P.W3 (the then D.F.O). Even after re-scanning his evidence, we find that there are certain inherent defects in case of prosecution in as much as, letter no. 1308 dated 20.10.1982 which is the basis of promotion of the accused to the post of Clerk has not been proved by the prosecution and that the xerox copy of the said letter was placed on record and marked as Ext. X/1. 1308 dated 20.10.1982 which is the basis of promotion of the accused to the post of Clerk has not been proved by the prosecution and that the xerox copy of the said letter was placed on record and marked as Ext. X/1. Not only that, another gross irregularity which goes to the root of the case is that all the aforesaid documents on which the prosecution case is hinging were never put to the accused when he was examined under Section 313 Cr.P.C. The gross fundamental defect which is apparent on record is that the contents of the aforesaid two letters (letter no. 122 and letter no. 123) are also not proved. We have also appreciated the evidence of the defence witnesses produced by the accused. 5. It would be apt to reproduce the finding recorded by the trial court while acquitting the accused. It reads : "On the basis of discussions made above, and evidence, oral and documentary, I have come to a clear conclusion that prosecution has miserably failed to prove and establish its case by cogent, consistent, reliable, credit-worthy, and unimpeachable evidence and that beyond all reasonable doubts. Thus I find and hold that accused Amrit Ram is not guilty of the charges levelled against him. In the result accused Amrit Ram is acquitted of the charges u/s 420, 467, 468, 471 I.P.C. He is also discharged from the obligation of his bail bonds." 6. It is well-settled that the Appellate Court will interfere with the order of acquittal only when the court below ignores and overlooks the important circumstances and proved facts or tries to cross over them. In the case on hand, we find that the learned trial court has not committed any flaw on any count. Being that the position in the case on hand, the impugned judgment of acquittal, in our considered view, does not at all warrant interference of this Court. 7. The appeal on hand, thus, merits dismissal. Ordered accordingly. Appeal dismissed.