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1997 Supreme(SC) 1002

M.M.PUNCHHI, K.VENKATASWAMI
Jibrial Diwan – Appellant
Versus
State Of Maharashtra – Respondent


ORDER

Having heard learned counsel for the appellant, we called upon Mr. D.M. Nargolkar, learned counsel for the State of Maharashtra requiring him make submission to support the judgment under appeal. He candidly admitted that he was unable to do so. We appreciate the fair stance he has adopted. In support of the same, we record our reasons.

2. Shri Azhar Hussain, PW 2 was a Minister at the relevant time in the State of Maharashtra. He had planned a cultural show whereat some artists were invited. The case of the prosecution is that two letters Exh. 28 and Exh. 29 were prepared on the letter head of the Minister, whereupon invitations were written to invite Raja Murad, and Javed Khan, PWs. These letters were allegedly forged for these did not bear the signature of the Minister. The show was held on the day scheduled. The invitees came on the basis of those forged letters. Later, a controversy was raised. The matter was investigated by the CBI. Charges were laid against the appellant as also one Patel, accused No. 2. The second accused stands acquitted by the trial Court. His acquittal has been maintained by the High Court. The allegation against the acquitted accused was that he had





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