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1979 Supreme(SC) 130

S.MURTAZA FAZAL ALI, A.D.KOSHAL
Arjan Singh – Appellant
Versus
Hazara Singh – Respondent


Judgment

S. MURTAZA FAZAL ALI, J.:- This appeal by special leave is directed against the order of the High Court dated 24-11-1973 by which the high Court reversed the acquittal of the appellants and convicted them under Sections 467 and 471 of the Indian Penal Code to two years R. I. on each count. Sentences were to run concurrently. One of the respondents before the High Court, Bachan Singh, died and the appeal against him has abated. The charges of forgery against the accused persons were based on a Will exhibit PD stated to have been executed by Sahib Singh in favour of Arjan Singh and others in respect of the property mentioned in the Will. There is no direct evidence of forgery at all and the conviction is founded upon the evidence given by the expert P.W. 7 Bhakhtawar Singh who had opined that the thumb impression on Exh. PD did not tally with the admitted thumb impression of Sahib Singh on Exh. PA, Bhakhtawar Singh was examined before the trial Court and his testimony was both slip-shod and cryptic. For these reasons, the High Court in appeal re-summoned Bhakhtawar Singh and re-examined him and gave an opportunity to the accused to cross-examine this witness. Having gone thro







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