JUDGMENT :

Mir Alfaz Ali, J.

1. Heard Dr. B. Ahmed, learned counsel for the appellant and Mr. BM Choudhury, learned counsel for the accused/respondent.

2. This appeal is directed against the judgment and order passed by learned Chief Judicial Magistrate in CR Case No. 610/2004 acquitting the respondents of the charges under Sections 468/471/34 IPC.

3. As per prosecution case, the appellant filed a complaint before the court of learned CJM on 30.12.2004 alleging that the respondents with dishonest intention, got a sale deed executed on 23.06.2008 forging the signature of the complainant's mother in respect of 4 Bigha, 4 kathas 14 leches of land. It was also alleged in the complaint that Askun Nessa and Amina Khatun executed the deed impersonating Golapjan Bibi, the mother of the complaint at the instigation of the respondents. The respondent Makaddas Ali instituted a civil suit where he produced the said sale deed No. 2480 and on the perusal of the sale deed, complainant came to know about the alleged forgery committed by the respondents, hence, lodged the complaint. Upon receiving the complaint, learned Chief Judicial Magistrate conducted an enquiry u/s. 200 Cr.P.C. and took cognizance against four of the accused persons named in the complaint and issued process. Upon appearance of the respondents, learned CJM framed charges u/s. 468/471 IPC. read with Section 34 to which the respondents pleaded not guilty. Complainant examined five witnesses to establish the charges and on appreciation of evidence, learned Magistrate held that the offence against the appellants were not proved beyond reasonable doubt and acquitted the respondents of all the charges u/s. 468/471/34 IPC.

4. Aggrieved, the complainant/appellant preferred the instant appeal.

5. Learned Counsel, Dr. B. Ahmed for the appellant contends that mother of the complainant died in the year 1978 and the alleged sale deed was executed in the year 1986 and therefore, the sale deed was apparently a forged deed, which was executed by forging the signature of the deceased mother of the complainant However, the learned Magistrate without considering the evidence in its proper perspective acquitted all the respondents who were scribe, witness and beneficiary of the sale deed respectively.

6. I have considered the submissions made by the learned counsel for the appellant, Dr. B. Ahmed and the learned counsel for the respondents, Mr. BM Choudhury and also scrutinized the evidence brought on record.

7. The complainant in his evidence stated that the respondent Makaddas Ali was his cousin brother (son of maternal uncle). He further stated in his examination-in-chief; that his mother died on 04.05.1978 and before her death, she executed a sale deed in his favour in the year 1977. He also produced and proved a death certificate of his mother, issued in the year 2002. But in his cross-examination, the complainant himself admitted that his mother died on 04.07.1997. He also stated, that prior to the issuance of death certificate at his instance, another death certificate was issued, which was cancelled on the basis of Ms objection. It was also in his evidence that he applied for the death certificate of his mother in the year 2002 by filing an affidavit reflecting the date of death of his mother. He also stated that the death certificate of his mother was issued in the year 2002 on the basis of the document maintained in the Gaon Panchayat, however, no such document from the Gaon Panchayat, on the basis of which, the death certificate was issued in 2002 was produced or proved in the court. It was alleged in the complaint, that Askun Nessa and Amina Khatun executed the sale deed impersonating Golapjan Bibi, mother of the complainant, but, while deposing in court he stated that, some unknown lady impersonated Gulabjan Bibi to execute the sale deed at the instigation of the respondents giving a complete go-bye to her previous statement made in the complaint that Askun Nessa or Amina Khatun imperson