1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 169 OF 2000 Ganpat s/o. Lalsing Rathod, Age 37 yrs., Occu. Talathi, R/o. Pasta, Tq. & Dist. Jalna. ....Applicant. Versus State of Maharashtra ....Respondent. Mr. S.M. Kulkarni, Advocate for applicant. Mr. S.N. Kendre, A.P.P. for respondent. CORAM: A. V. NIRGUDE, J. DATED: 1st September, 2010. ORAL JUDGMENT : 1. This revision is filed against the concurrent findings of the Courts below that the applicant had committed an offence punishable under sections 467, 468 of the Indian Penal Code (IPC). They held that he had made a false document. 2. The facts leading to the litigation are as under :- It is proved and it can be said to be an admitted fact that one Sandu approached the present applicant, who was working as Talathi of village Dhavada, Taluka Bhokardan, District Jalna prior to 1987. He 2 represented to him that one Bala Nathuba, owner of certain lands, died and further represented to him that he and his brothers were his legal representatives. Following usual procedure by publishing a notice on notice board, the applicant, believing the statement of Sandu, effected mutation entry and thereby removed the name of Bala Nathuba as owner of the said lands and entered the name of Sandu and his brothers as joint owners of the lands. It so happened that Bala Nathuba was not dead, he was very much alive in 1982 when this false entry was taken in the revenue record. He made complaint against the present applicant Sandu and one more person from the revenue department. They were all charged under sections 467, 468, 471 read with 34 of IPC. The learned Magistrate held that the applicant had made a false document as defined under section 464 of IPC and convicted the applicant under sections 467 and 468 of IPC. The matter was carried to the Appellate Court and the Appellate Court also confirmed the findings. 3. As said above the fact that the present applicant took the questioned entry, is not in dispute. The question is, whether taking such false entry would amount to making of a false document and it is used further for the purpose of cheating. The learned Judge of the Appellate Court, while confirming the findings of the Lower Court, held as under :- “Accused no. 2 being village officer is author of this mutation. Village Officer is expected to take mutation on information in respect of the acquisition of the right or the information from the 3 L.Rs. After demise of holder and he is duty bound to make enquiry and then to take entry. In the instant case accused no. 2 Rathod recorded mutation by showing a person who is alive as dead and recorded the name of accused no. 1 as his heir. Thus, this fact and circumstance clearly indicate that with full awareness fraudulently and dishonestly he took such entry with intention to cause loss to the complainant and with intention that such document should be used for the purpose of cheating.” The first question that arises for my consideration is, whether the applicant had made a false document. The definition of the term "making a false document" is mentioned in section 464 of IPC which reads as under :- "464. Making a false document.--A person is said to make a false document- First.-Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoting the execution of a document, with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed, or at a time at which he knows that it was not made, signed, sealed or executed; or 4 Secondly.-Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof, after it has been made or executed either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly.-Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document, knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or the nature of the alteration. " On the face of it, the ingredients of the definition are not attracted to the act that applicant had done. It has come in the evidence that the applicant received a representation in writing from Sandu that he and his brothers were legal heirs of one Bala Nathuba and that Bala Nathuba had died recently. It seems from record that Sandu even produced the certificate of death of Bala Nathuba, resident of Dhavada, Taluka Bhokardan, District Jalna issued by the Sarpanch of Dhavada Village Panchayat. There is nothing on record to show that the applicant had personal knowledge about the complainant Bala Nathuba and he being alive prior to taking of the entry. So, it is clear that the applicant believed the solemn statement made by Sandu about facts of the case. Believing his word, the entry was taken. Taking such entry in this fashion cannot 5 amount to "making a false document" as contemplated by section 464. In fact, apparently the Sarpanch of the Village Panchayat could be accused of making a false document when he issued patently false certificate, saying that Bala Nathuba, resident of his village is not alive. The Sarpanch certainly had personal information about Bala’s being alive and not dead and yet he issued the certificate, probably fraudulently and collusively with Sandu to create evidence about Bala’s death. That apart, as said above, the applicant did not make a false document and therefore, he cannot be convicted under section 467. If the charge under section 467 fails, the charge under section 468 would automatically fail. The revision, therefore, should succeed. The revision is allowed. The applicant is acquitted of the offence punishable under sections 467, 468 of IPC. [ A. V. NIRGUDE, J.] ssc/cra169.00