IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.2 of 2010 MURARI CHAND GUPTA Versus THE STATE OF BIHAR & ORS ----------- 2. 8.1.2010. I have heard Sri Ajay Kumar Thakur, learned counsel appearing for the complainant who seeks Special Leave to Appeal against the judgement of acquittal dated 20.11.2009 passed by Sri Satish Chandra, Judicial Magistrate, Ist Class, Sherghati(Gaya) in Complaint Case No.122 of 2000/Tr.No.254 of 2009. The allegation was that a false document was created by forging the same after having obtained the thumb impressions of Ayodhya Prasad who admittedly was the head of the joint family, so as to transfer some part of the joint property to a particular member of the family. The forgery was mainly pleaded by alleging the fact that the said Ayodha Prasad was lying unconscious for many of his last days and during that state of his health the thumb impressions were obtained and the man died 3-4 days after the registration of the document. It is not denied that there is no reliable evidence rendered on record of the trial to satisfy the judicial conscience that late Ahodhya Prasad was not in his fit health of mind or body. Whatever is stated is through early statement of witnesses that he was lying unconscious. During the course of present hearing the learned counsel wanted this court to draw an inference of illness because the man died 3-4 days after registration of the document which this court is not inclined to do, keeping in its mind the turn of natural events which could take place at any moment. In absence of the evidence on ill health or unconsciousness, the learned - 2 - Magistrate did not have any other option to raise an inference against the complainant other than that the man who executed the deed and got it registered was very much conscious. The court upholds by pointing out that the registering authority had registered it by making the necessary entries over the document at the required place as per the law of the land. Having been referred to some parts of the judgement and having considered that in the light of the contentions, I find that the learned Magistrate has not committed any error and as such the judgement does not suffer from perversity. The application seeking Leave to Appeal is hereby dismissed. The appeal is also dismissed. B.Kr. ( Dharnidhar Jha, J. )