IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU TUESDAY, THE 4TH SEPTEMBER 2007 / 13TH BHADRA 1929 CRL.A.No. 306 of 2001(A) ------------------------ CC.229/1998 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES),PUNALUR .................... APPELLANT: COMPLAINANT -------------- MUHAMMED KUNJU, S/O.MOIDEEN KUNJU, PEEDIKAYIL VEEDU, VILAKUDI MURI, VILAKKUDI VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENTS: ACCUSED ------------------ 1. SULEKHA BEEVI, D/O.HIDROSEKUNJU, CHOLAYIL PUTHEN VEEDU, KUNNICODE MURI, VILAKUDI VILLAGE, PATHANAPURAM TALUK. 2. NOUSHAD, S/O. SULAIMAN KUNJU, NOUSHAD MANZIL, KUNNICODE VAKKAKKUNKARA MURI, KUNNICODE VILLAGE, PATHANAPURAM. 3. HASHIM @ NASHUDHEEN, S/O. SULAIMAN KUNJU, DO. DO. 4. YUNNUZKUNJU LABBA, S/O. KOCHUKUNJU LABA, KARAKATTU PUTHEN VEEDU , KUNNICODE MURI, KUNNICODE VILLAGE, PATHANAPURAM TALUK. 5. KUNJAN PILLAI, S/O. PAZHANI PILLAI, KIZHAKKECHARUVILA PUTHEN VEEDU , PUNALUR VILLAGE. CRL.A. NO.306/2001 6. GOPALAKRISHNAN NAIR, S/O. APPUKUTTAN PILLAI, VATTAVILA THEKKEPUTHEN VEEDU, CHEMMANTHOOR, PUNALUR VILLAGE. 7. G.RAMANAN, KUNNICODE MURI, VENDOR, NEAR KIDAGETHIL VEEDU, VILAKKUDI VILLAGE, PUNALUR. BY ADV. SRI.V.P.SUKUMAR BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT NO REPRESENTATION. DISMISSED FOR NON PROSECUTION. 04.09.2007 SD/- K.R.UDAYABHANU, JUDGE /TRUE COPY/ P.A. TO JUDGE tss V.GIRI, J. ------------------------------------- CRL.A.NO.306 of 2001 ------------------------------------- Dated this the 27th day of August, 2008. JUDGMENT The complainant in C.C.No.229/98 on the files of the Judicial Magistrate of the First Class-II (Forest Offences), Punalur, is the appellant herein. 2. The complaint was filed alleging that the complainant and the first accused were husband and wife. But later, they divorced. 19 cents of property had actually been conveyed in favour of the complainant and the 1st accused as “streedhanam” at the time of their marriage. After the parties had separated, both of them had remarried and are living separately. The complainant did not at any point of time, claim a right over the 19 cents, though the document of title stood in his name. He had not claimed possession over the same, nor had he taken any usufructs from it. But the accused conspired together and caused the original of Ext.P1 document to be executed, making it appear that the complainant had also joined in the execution of the same. This act, the appellant says, had Cr.A.NO.306/01 :: 2 :: tarnished his reputation and image. Though he did not claim any specific right over the property as such after the divorce, the accused had abetted each other and executed a sale deed by making the complainant a party to the document by affixing a false thump impression without his consent and knowledge, thereby they had tarnished his reputation and hence the complaint, alleging that the accused have committed offences punishable under Sections 114, 120B, 419, 465, 469 and 500 read with Section 34 of the Indian Penal Code. 3. The evidence in the case consisted of the testimony of Pws.1 to 5. The court below, on an appreciation of the evidence, acquitted the accused finding that the complainant has not been able to prove that the accused have committed the offences as such. Hence, this appeal by the complainant challenging the order of acquittal of the accused. 4. I heard learned counsel for the appellant and I have perused the records. 5. What is to be noted, at the outset, is that the specific case of the complainant is Cr.A.NO.306/01 :: 3 :: that though the 19 cents of property had been conveyed in favour of him and the 1st accused, at the time of their marriage, the complainant specifically refused to assert any right over the property. According to him, he did not claim any right over the property, which has been obtained by the 1st accused as “Streedhanam”. In the circumstance, the complainant does not seem to be correct in saying that, by an act of forgery the accused had committed the offences alleged by hatching a criminal conspiracy between them and caused the execution of the original of Ext.P1 and deprived him of the valuable right, which he had asserted over the property. He had specifically asserted that he does not have right over the property. But he is aggrieved by the loss of reputation suffered by him in describing him as Executant No.1 and the 1st accused as Executant No.3, as husband and wife. Hence he was constrained to lodge the criminal prosecution. 6. I have gone through the evidence and I find that the complainant, who as PW.1 has not been able to specifically say, who exactly was Cr.A.NO.306/01 :: 4 :: responsible for the forgery and who had abetted the same. Significantly Executant No.1 was the 2nd accused. Obviously, the 2nd accused cannot be considered as having either committed forgery or abetted the same because he had executed the document in respect of item No.1 in the document, another 20 cents of property, over which the complainant did not claim any right. Executant No.1, the 2nd accused also did not claim any right over the 19 cents of property which is item No.2 therein. In other words, the presence of the 2nd accused in the document or at the time of actual transaction has nothing to do with the conveyance of the property having an extent of 19 cents of property, described as Item No.2 in the document. Insofar as accused 6 and 7 are concerned, they were only witnesses to the document. The property in question was purchased by accused 4 and 5 and 3rd accused is alleged to be the person, who presented the document before the Sub Registrar for registration. PW.1 has not been able to say with any degree of certainty as to who is responsible for the forgery and who had abetted Cr.A.NO.306/01 :: 5 :: the person who had committed forgery. The allegation simplicitor will not strike against the 2nd accused because he was the executant of the document, but he was the vendor of one item of property unrelated to the appellant. Accused 6 and 7 cannot be considered as having committed the act of forgery. 7. In short, the evidence before the court below was so vague as regards the other allegations of forgery or abetment. In the circumstance, the court below had apparently no option, but to acquit the accused. 8. I am in agreement with the findings of the court below that no offence has been made out against any of the accused. The evidence is scanty. The court below took serious note of the fact that according to the complainant, he had specifically refused to assert any right over 19 cents of property forming the subject matter of the original of Ext.P1 since divorce between him and the 1st accused. It cannot be said that his reputation has been tarnished by reason of the execution of the document. In the circumstance, I do not find any grounds at all to interfere Cr.A.NO.306/01 :: 6 :: with the order of acquittal. I am in full agreement with the findings of the court below. For all these reasons, I find that the appeal is bereft of any merit and the same is accordingly dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge V.GIRI, J. ---------------------------------------------- CRL.A.No.306 of 2001 JUDGMENT 27th August, 2008. ------------------------------------------------