IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.7 of 1996. Dated of Decision: November 6, 2009. State of H.P. ……… Appellant. Versus Vijay Kumar and two others. ………. Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting?. For the Appellant : Mr. Ramesh Thakur, Asstt. Advocate General. For the Respondents : Mr. Malay Kaushal, Advocate, vice Mr. Ramakant Sharma, Advocate, for respondents No.2 & 3. Respondent No.1 died. Surjit Singh, J (oral): State has appealed against the judgment dated 23rd December, 1993 of learned Judicial Magistrate, Nalagarh, whereby deceased respondent Vijay Kumar and two other respondents Avtar Singh and Charan Singh, who were charged with and tried for offences, under Sections 420, 467, 468 and 471 of the Indian Penal Code, have been acquitted. Case of the prosecution, as per evidence on record may be ------------------------------------------------------------------------------------------- Whether reporters of local papers may be allowed to see the judgment? 2 summed up thus. Two driving licences, one in the name of Charan Singh and another in the name of Avtar Singh, purporting to have been issued by the Registration and Licencing Authority, Shimla, in the years 1981 and 1984, were presented alongwith applications Exts.P3 and P4 for renewal, in the office of Licencing Authority, Nalagarh, on 6.8.1988 alongwith medical certificates Exts.P1 and P2. Licencing Authority, Nalagarh wrote to the Licencing Authority, Shimla vide communications Exts.PW15/C and PW15/D, enquiring whether the licences were genuine. Reminder was sent vide letter Exts.PW15/E on 17.12.1988. Licencing Authority, Shimla responded vide communication dated 28th March, 1989 Ex.PW15/F that the licences had not been issued by it. On receipt of communication Ext.PW15/F, Licencing Authority, Nalagarh reported the matter to the police vide FIR Ex.PW15/B. During the course of investigation, it was found that deceased respondent Vijay Kumar had forged the licences Exts.PW14/A and PW14/B, which were submitted for renewal to the Licencing Authority, Nalagarh. He got recovered three seals and rubber stamps from his residence in Sundernagar, District Mandi, Himachal Pradesh. His specimen writings and signatures were also taken. His standard writing were sent for comparison with the writings on licences Ext.PW14/A and PW14/B. Also the seals and stamps recovered from him were sent to the Expert for comparing the seal impressions on the aforesaid two licences. PW14 Dr. B.A.Vaid, Assistant Government Examiner of Questioned Documents, Shimla, gave the opinion Ex.PW14/F that 3 specimen writings of Vijay Kumar tallied with the writings on two licences Exts.PW14/A and PW14/B and seal and the stamp impressions on the two licences were also from the seals/stamps got recovered by the accused during investigation. Challan was filed in the court of learned Judicial Magistrate, Nalagarh, who after complying with the requirement of Section 207 Cr.P.C., found a prima-facie case against all the three respondents and charged them with the offences under Sections 420, 467, 568 and 471 I.P.C. Prosecution examined officials from the offices of Licencing Authorities, Nalagarh and Shimla, Dr. Jagjit Singh, who had issued the medical certificates attached with the applications, for renewal of the licences, was also examined as PW4. Witnesses of recovery of seal and stamps at the instance of respondent Vijay Kumar were also examined. Handwriting Expert too was examined. PW4 Dr. Jagjit Singh and witnesses of the discovery of seal and stamps turned hostile. Learned trial Magistrate acquitted the respondents, holding that there was no evidence indicating that the applications for renewal of licences had been submitted by respondents Avtar Singh and Charan Singh. Evidence of discovery of seal and stamps at the instance of respondent Vijay Kumar was held to be doubtful and the opinion evidence of PW14 Dr. B.A. Vaid was observed to be insufficient to come to the conclusion that licences had been forged by Vijay Kumar respondent. Vijay Kumar respondent has died, and therefore, the appeal against him abates. We find no evidence on record, indicating that 4 respondents Avtar Singh and Charan Singh had any idea that the licences Exts.PW14/A and PW14/B, purporting to have been issued in their names by Licencing Authority, Shimla were forged ones. Both of them are totally illiterate. We have observed so, because the applications for renewal of licences Exts.P3 and P4 are thumb impressed. In the Court also, they put thumb impressions below their statements recorded at the time when the charge was read-over and explained to them and also at the end of trial under Section 313 of the Code of Criminal Procedure. In view of the above stated position, State’s appeal against these two respondents, is dismissed. (Surjit Singh) Judge November 6, 2009. (Surinder Singh) (Pds) Judge.