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1969 Supreme(Gau) 25

D.M.SEN
SATYA BHUSAN SHOME – Appellant
Versus
STATE – Respondent


ORDER

This is a revision application under Section 439, Criminal P.C. against a conviction under Section 466, Indian Penal Code and sentence of three years R.I., passed by the Additional Sessions Judge, Tripura, upholding the conviction and sentence passed by the learned Assistant Sessions Judge, Tripura.

2. The prosecution case, in brief, is that the accused had forged a residential permit (Ext. P. 2), purporting to have been issued by the Registration Officer. Agartala, permitting one Miss Rekha Rani Saha to remain in India until 13-8-60.

3. The prosecution case, mainly, rests on the evidence of P.W. 6, the hand writing expert who deposed in his evidence that on a comparison of Exts. P. 5, P. 6, P. 7 and P. 8(a), P. 8(b) and (P. 8)(c), which purport to be the standard hand-writings of the accused-petitioner with the impugned residential permit (Ext. P. 2), he came to the conclusion that the authorship of Ext. P. 2 is that of the same person who had written Exts. P. 5, P. 6, P. 7, P. 8(a), P. 8(b) and P. 8(c).

4. On a careful perusal of the evidence it is, however to be found that there is no evidence, whatsoever, connecting the authorship of Exts. P. 5 and P. 6 to the accused-pet


























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