1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 141 of 1993 Date of decision: 25. 02. 2008. ____________________________________________________________ State of H.P. Appellant -vs- Madan Lal and another. Respondents __________________________________________________________________ Coram Hon’ble Mr. Justice Surjit Singh, J. Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? For the appellant : Mr. P.M. Negi, Deputy Advocate General. For the respondent : Mr. J.R. Poswal, Advocate, for respondent No.1. _________________________________________________________ Surjit Singh, J. (oral) Heard and gone through the record. Two persons, i.e, respondent Madan Lal and one Jagat Ram, who has died during the pendency of the present appeal, were sent up for trial on the allegations that they forged ration cards Exhibit P1 to P6 in the name of six different persons, viz. Parkasho, Ram Krishan (PW5), Dev Singh (PW4), Situ (PW14) and Geeta Ram (PW6) and using those forged ration cards as genuine, they issued rationed items like fertilizer and sugar from the Cooperative Store of which they were the Secretary and Pradhan, respectively. Trial Court, after recording the evidence, acquitted both Madan Lal respondent and deceased Jagat Ram. Jagat Ram having died appeal as against him abates. Whether reporters of the Local papers are allowed to see the judgment? 2 As regards respondent Madan Lal, we find from the evidence on record that it was he who lodged the First Information Report with the Police alleging that deceased Jagat Ram had forged the ration cards and got issued fertilizers and sugar against those forged cards and that when he (respondent Madan Lal) came to know that the cards were forged, he asked Jagat Ram about the forgery, upon which the latter wrote a threatening letter to him. With the report made by him to the Police, he submitted the threatening letter along with the allegedly forged ration cards Exhibits P1 to P6. Ration cards were sent to the Government Examiner of Questioned Documents along with the standard writings and signatures of respondent Madan Lal and deceased respondent Jagat Ram. The Handwriting Expert gave written opinion, Exhibit PW10/U, that the signatures on the ration cards in the capacity of the issuing authority were that of Jagat Ram being the Pradhan of the Society and that entries in the ration cards regarding issue of fertilizer and subsidized sugar were in the hand of respondent Madan Lal. We have gone through the record and heard the learned Deputy Advocate General as also the counsel for respondent Madan Lal. As per opinion of the Handwriting Expert Exhibit PW10/U, the ration card bears the signatures of deceased Jagat Ram as the Issuing Authority. The fact probablises the allegation which Madan Lal respondent made against Jagat Ram in his report to the Police Exhibit PW17/A. No doubt five of the persons, in whose names these ration cards were issued, namely, Ram Krishan (PW5), Dev Singh (PW4), Situ (PW14), Inder Ram (PW15) and Gita Ram (PW12) testified that the ration cards were not issued to them and that they had different ration cards (which too are on record) and have further stated that they had not procured any rationed items against these cards, but no evidence has come on record suggesting that when the respondent allegedly made the entries regarding issue of fertilizer and sugar in these 3 cards he knew or had reason to know that the cards are not genuine. In fact, the cards bear only two entries each, one with regard to issue of fertilizer (three bags) each and one pertaining to sugar. For the foregoing reasons, we are of the considered view that the judgment of acquittal rendered by the trial Court cannot be said to be not supportable by the evidence on record. Hence the appeal is dismissed. (Surjit Singh) Judge. (Surinder Singh) Judge. February 25, 2008. (bm) 4