Ramaswami, J.

1. This appeal is by the Govt. of Bihar against the Judgment of Mr. Tribhuwan Nath Singh, Asst. Ses. J. of Mozaffarporo, acquitting the reap, of various charges.

2. The ease for the prosecution is that Govt. had established grain godowns in Hajipore sub-division for distribution of grain through multipurpose co-operative societies. Govt. had appointed certain firms to be in charge of the gadowns which were under double locks, one set of keys remaining with the Market Inspector & the other set with the stockists. The Grain Control Officer, Hajipore, used to grant "Store Issue Order" in favour of the said societies after the price of the grain had been deposited in the treasury by chalan. According to the prosecution case the resp. forged Store Issue Order No. 366 dated 18-4-1947 with the intention of cheating Govt. It is said that on 25-4-1947 the resp. presented the Store Issue Order to the Govt. stockist M/s. Khublal Sah Gopal Sah by representing himself to be Rambilas Sharma of Bakatpore Society & thereby dishonestly obtained delivery of 145 maunds of rice worth its. 1696/8/0.

3. The resp. denied all the allegations.

4. Three out of the four assessors held t