The prosecution must prove the offense of forgery under section 463 IPC for related charges to be sustained, and conviction based on presumption without evidence is illegal.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. This revision application is directed against the judgment dated 04.05.2006 passed by learned Additional Sessions Judge-I, Sahibganj in Cr. appeal No. 12 of 2005; whereby the judgment of conviction and order of sentence dated 17.03.2005 passed by the S.D.J.M. Sahibganj in O.C.R. Case No. 181 of 1991(T.R. No. 369 of 2005); whereby the petitioner was found guilty for the offences punishable under Sections 420, 466 and 468 IPC and sentenced to undergo S.I. for a period of three years for the charge under section 420 IPC and further sentenced to undergo S.I. for a period of 3 years for the offence under sections 466 and 468 IPC, has been affirmed and appeal filed by petitioner was dismissed.

3. The prosecution case, in short, is that on the basis of the enquiry report (Ext.4) of the S.D.O. Sahibganj, the Circle Officer, Sahibganj, pursuant to the direction, vide letter no. 282 dated 15.03.1991 (Ext.-2) of Additional Deputy Commissioner, Sahibganj, filed a complaint in the court of the learned C.J.M, Sahibganj against the petitioner, who is revenue Halka Karamchari of Mauza-Hajipur Bisrampur, Diyara, Sahibganj, alleging, inter-alia, therein that the petitioner has committed forgery by making false entry of Jamabandhi no. 123 in register-I recommending for mutation in the name of Ravi Shankar Singh and others with respect to lands under J.B. No. 123 and thereby played fraud upon the circle inspector and the C.O. Sahibganj for obtaining their consent for such forged mutation. He has also made cutting in Register-II where entry of Jamabandhi no. 123 was mentioned in the name of one Krishna Prasad which was found manipulated. Thus, it is alleged that the petitioner has manipulated all these cuttings.

4. Mr. Rajeeva Sharma, learned senior counsel for the petitioner assails the impugned judgment on following grounds:

(a) As per deposition of PW-3 (complainant) he has no knowledge who has made cutting and entry in the name of Raiyat in Page No. 45 of Register-I.

(b) The complainant was also not having any knowledge as to who was the Karamchari in 1975 or Receipt No. 749363 dated 10.10.1975 was of which Jamabandi.

(c) No P.Ws have stated who has issued the alleged receipt.

(d) As per PW-6 petitioner committed the offence with the help of Ranbijay Singh and Ravi Shankar Singh with the help of Circle Inspector Abul Hasan, however no case was lodged against them.

(e) No hand writing expert has been examined in this case so as to verify the cutting in Register-I & II.

(g) None of the P.Ws. have stated as to when the illegal entry was made, inasmuch as, whether the same has been made prior to the posting of the petitioner or during his period.

(h) Only on the basis that the petitioner was custodian of Register-II he has been convicted but the fact remains that Jamabandi No. 123 has also been mentioned illegally in Register-I, but Register-I was not in the custody of the appellant which itself falsifies the entire allegation?

Relying upon the aforesaid submission, learned senior counsel submits that the instant application be allowed and the judgment passed by the learned trial court and upheld by the learned appellate court be set aside.

5. Learned Addl. P.P. submits that there is no error in the findings given by the learned trial court, as such, the conviction cannot be set aside.

6. Having heard the learned counsel for the parties and after going through the materials available on record, it appears that none of the prosecution witnesses have seen or have knowledge as to who has actually made the illegal entry in Register-I and/or Register-II, inasmuch as, whether the same has been made prior to the posting of the petitioner or during his period.

PW-3 (complainant) deposed that he has no knowledge who has made cutting in the name of Raiyat further he has no knowledge who has made Indraj (Entry) in Page No. 45 of Register II even he has no knowledge who was Karamchari in 1975 or Recei