Court No. - 78
Case :- GOVERNMENT APPEAL No. - 2820 of 1988 Appellant :- State Respondent :- Kunwar Sen Counsel for Appellant :- A.G.A.
Counsel for Respondent :- Sudhir Kumar Kulshrestha
Hon'ble Ajit Singh,J.
Heard learned A.G.A., for the appellant/State and Sri Sudhir Kumar Kulshrestha, learned counsel for the respondent.
The appeal filed against accused Prabhat Kumar (Respondent No.2) has abated as he died on 16.6.2016, as stated in paragraph 5 of the abatement application. The appeal was also abated against Jogindra Singh (Respondent no.3), vide order dated 5.2.2020 passed by this Court as he died. Only accused Kunwar Sen is surviving respondent at present.
This Government Appeal under Section 378(3) Cr.P.C. against the order of acquittal dated 02.09.1988 was filed by the Government Advocate against the respondent nos. 1, 2 and 3 who were tried for the offence under Section 3/7 of Essential Commodities Act and under Sections 420, 471, 467 of I.P.C. and they were acquitted by the trial Judge.
Brief facts of the case are that an F.I.R. was lodged by complainant K.D. Singh, who was the Supply Inspector and it was alleged that when he inspected the premises of Diesel Filling Station of Afzal Hussain, the Supply Inspector found that on the basis of permit dated 2.6.1981, 2200 litres of kerosene oil was supplied to one Prabhat Kumar and it was informed to him that Prabhat Kumar would come to take the remaining delivery of 1800 litres kerosene oil very soon. The Supply Inspector waited for return of Prabhat Kumar to take the remaining supply but he did not turn up, thereafter, he gave the kerosene oil in the custody of Afzal Hussain and lodged the First Information Report on the same night at 9:45 PM. During the investigation it was found that Prabhat Kumar was responsible for got the permit on the basis of forged documents and on that permit he used to take delivery and sell kerosene oil in the open market illegally. The signature of Prabhat Kumar was found forged on the application for granting permit by the Forensic Expert.
The prosecution examine K.D. Singh, Supply Inspector and S.K. Johri, Supply Inspector as witnesses of fact, their statements were corroborated by Afzal Hussain the partner of the Diesel Filling Station. A.K. Saran, Deputy Inspector General, P.A.C. also deposed about the modus operandi of the accused and stated that upon inquiry it was found that the application for issuance of permit as well as several other applications for permit made in the past were forged documents and signatures on the same documents were also forged and Prabhat Kumar alone was responsible for this forgery. The accused did not examine any witness for his defence nor could produce any documentary evidence in support of his non participation.
Considering the evidence on the record, learned trial Court has acquitted the accused by order dated 02.09.1988, hence this Government Appeal was filed.
Learned A.G.A. has submitted that accused has committed the alleged offence but the trial Court had not properly appreciated the evidence on record and wrongly acquitted the accused persons on the conjectures and surmises and there is ample evidence against the accused persons and they be convicted for the alleged offence.
Learned counsel for the respondent has submitted that the accused Kunwar Sen was a labour, who was employed on daily basis, by the Tempo driver Jogendra Singh and he had nothing to do whether the kerosene oil was illegally transported or whether it was taken on forged papers and he had not received any illegal gain from the alleged wrongful activities of the other co-accused persons, tempo driver Jogendra Singh and constable Prabhat Kumar of the S.T.F.
From the perusal of the entire record, it transpires that there was no specific evidence and the trial Court has not found any specific evidence against the accused persons regarding the false papers fabricated by them and it was also not found by the trial Court that the accused Prabhat Kumar had made false signatures of Officers of the S.T.F., on the alleged forged papers on which the kerosene oil was taken. It was evident from page no.9 of the judgement that it was not certain that the co-accused had forged papers and had taken the kerosene oil on false papers on that basis the Trial court acquitted the accused persons as there is nothing on record against them.
After perusal of the record, this Court finds no clinching or exclusive and reliable evidence against the accused persons, however, the view taken by the trial Court is just and proper and no interference is called for in the impugned order.
The appeal is devoid of merits and is rejected.
Order Date :- 24.9.2021 Rahul.
Digitally signed by RAHUL GOSWAMI Date: 2022.02.11 10:49:10 IST Reason:
Location: High Court of Judicature at Allahabad