Mohammad Iqbal, S/o Mohammad Islam vs State of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Chh) 390

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY, JJ.
Mohammad Iqbal, S/o Mohammad Islam – Appellant
Versus
State of Chhattisgarh – Respondent
Criminal Appeal No.858 of 2013
Decided on : 02-12-2022

Advocates:
Advocate Appeared:
For the Appellant :Mrs. Fouzia Mirza, Mr. Jitendra Shrivastava, Advocate.
For the Respondent: Mr. Avinash Singh, Panel Lawyer.

Headnote:
Criminal Procedure Code,1973 - Section 374(2) - Indian Penal Code,1860 - Sections 420, 413, 467, 468 & 471 – Offence of Cheating – Habitually dealing in stolen property – Forgery of valuable security ,will etc – Charged - Appellant herein had transferred one stolen tractor bearing registration No.JH-08/C- 1265 to (PW-3) for a cash consideration and also transferred to him the forged registration book of tractor, insurance form & tax receipt and thereby committed aforesaid offences pursuant to which (PW-3) on 11-8-2011 at 7.00 p.m. reported matter to police that appellant has sold stolen tractor to him on pursuant to which sale deed (panchnama) has been executed vide Ex.P-2 and appellant obtainedand thereafter, RC book, insurance form and tax receipt were handed-over to him and thereafter, he came to know that tractor sold to him was stolen property and thereby appellant has defrauded him pursuant to which first information report (FIR) was registered vide Ex.P-6 for the offences punishable under Sections 420, 467, 468 & 413 of IPC against appellant - Memorandum statement of the appellant was recorded vide Ex.P-3C and tractor was seized vide Ex.P-1 – Held, appellant has also been convicted for offences under Sections 420, 467, 468 & 471 of the IPC on ground that he has delivered forged documents Articles A1 to A3 i.e. RC book insurance certificate and tax receipt, which have been seized from Chanchal Tirkey (PW-3) who has only stated in his statement before Court that appellant has handed-over documents Articles A1 to A3 to him, but there is no evidence on record except self-serving statement (PW-3) that appellant had actually handed-over those documents to Chanchal Tirkey (PW-3). Furthermore, though said articles have been held to be forged by trial Court, but no legal evidence has been brought on record to hold that documents are forged documents except statement of (PW-5) – District Transport Officer, Lohardaga, Jharkhand, who has only stated that RC book has not been issued from his jurisdiction and tractor in question has not been registered in his jurisdiction - Thus, it has not been proved that the said documents are forged documents and they have been forged by the appellant as they have not been recovered from appellant and seized from Chanchal Tirkey (PW-3), who has allegedly purchased the tractor from appellant - In that view of the matter, we are unable to sustain conviction and sentences imposed upon appellant under Sections 420, 467, 468 & 471 of the IPC - Appeal is allowed.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC filed by the appellant herein is directed against the impugned judgment of conviction and order of sentence dated 14-8-2013 passed by the Additional Sessions Judge (Fast Track Court), Ambikapur, in Sessions Trial No.498/2011, by which the appellant has been convicted and sentenced as under: -

Conviction	Sentence
Sec. 420 of the IPC	Rigorous imprisonment for five years and fine of Rs.500/-, in default, additional rigorous imprisonment for 15 days.
Sec. 413 of the IPC	Imprisonment for life and fine of Rs.500/-, in default, additional rigorous imprisonment for 15 days.
Sec. 467 of the IPC	Imprisonment for life and fine of Rs.500/-, in default, additional rigorous imprisonment for 15 days.
Sec. 468 of the IPC	Rigorous imprisonment for five years and fine of Rs.500/-, in default, additional rigorous imprisonment for 15 days.
Sec. 471 of the IPC	Rigorous imprisonment for two years and fine of Rs.500/-, in default, additional rigorous imprisonment for 15 days.

2. Case of the prosecution, in brief, is that on 18-3-2011 at 5.00 p.m. at Village Jarhadih, Police Station Batouli, the appellant herein had transferred one stolen tractor bearing registration No.JH-08/C- 1265 to Chanchal Tirkey (PW-3) for a cash consideration of Rs. 2,50,000/- and also transferred to him the forged registration book of the tractor, insurance form & tax receipt and thereby committed the aforesaid offences pursuant to which Chanchal Tirkey (PW-3) on 11-8-2011 at 7.00 p.m. reported the matter to the police that the appellant has sold stolen tractor to him on 18-3- 2011 pursuant to which sale deed (panchnama) has been executed vide Ex.P-2 and the appellant obtained Rs.50,000/- on 18-3-2011, Rs.1,00,000/- on 25-4-2011, Rs.80,000/- on 16-5-2011 and Rs.20,000/- on 12-6-2011 and thereafter, RC book, insurance form and tax receipt were handed-over to him and thereafter, he came to know that the tractor sold to him was the stolen property and thereby the appellant has defrauded him pursuant to which first information report (FIR) was registered vide Ex.P-6 for the offences punishable under Sections 420, 467, 468 & 413 of the IPC against the appellant. Memorandum statement of the appellant was recorded vide Ex.P-3C and tractor was seized vide Ex.P-1. Tax receipt was marked as Article A-1, Certificate of Registration was marked as Article A-2 and insurance certificate was marked as Article A-3. The appellant was arrested vide Ex.P-7 and report / memo of the District Transport Officer, Lohardaga (Jharkhand) is Ex.P-9. Information sent to the Judicial Magistrate First Class, Sitapur, Distt. Sarguja is Ex.P-10.

3. Statements of the witnesses were recorded under Section 161 of the CrPC.. After completion of investigation, charge-sheet was filed against the appellant before the jurisdictional criminal court which was committed to the Court of Sessions from where the learned Additional Sessions Judge (FTC), Ambikapur, received the case on transfer for trial and for hearing and disposal in accordance with law.

4. The trial Court has framed charges against the appellant for offences under Sections 420, 413, 467, 468 & 471 of the IPC and proceeded on trial. The appellant abjured guilt and entered into defence stating that he has not committed the offence and he has been falsely implicated.

5. The prosecution in order to bring home the offence examined as many as 5 witnesses and exhibited 10 documents Exhibits P-1 to P- 10 and also Articles A1, A2 & A-3. One document Exhibit D-1 – statement of Chanchal Tirkey recorded under Section 161 of the CrPC, has been exhibited on behalf of the defence, but no witness has been examined. Statement of the appellant was recorded under Section 313 of the CrPC in which he abjured guilt and pleaded innoce

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