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2015 Supreme(Online)(Chh) 103

CHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
State – Appellant
Versus
Sugan Chand – Respondent


Table of Content
1. challenge on grounds of acquittal despite presented errors in trial court. (Para 1 , 2 , 3)
2. no error found in court's ruling; appeal dismissed based on merit. (Para 8 , 16 , 17)
3. prosecution's failure in establishing case due to lack of critical evidence. (Para 9 , 10 , 14 , 15)

1. Challenge in this appeal is to the judgment of acquittal dated 7-11-1997 passed by the Judicial Magistrate First Class, Dhamtari (MP now CG) in Criminal Case No. 254 of 1997, whereby and whereunder learned Judicial Magistrate First Class acquitted the accused / respondents (including respondent No. 5 Sugan Chand s/o Champalal, who died on 13-12-2000 during pendency of this appeal) of the charges of S.420, S.467, S.468, S.471 and S.120 - B of the IPC for alleged offence of use of a forged Will dated 12-04-1991 (Ex. P / 11) as a genuine document fraudulently and dishonestly in relation to Jhummarlal Jain, resident of Village Khisora, Police Station, Magarlod.

2. The judgment and order of acquittal dated 7-11-1997 is impugned on the ground that even there being sufficient evidence available for holding the respondents / accused guilty of the offence under S.420, S.467, S.468 and S.47















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