STATE OF M P Vs. SHAMBHOO (SINCE DEAD)

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment and order of acquittal of the respondents for the charges under Sections 467, 468 and 471, 114 and 420 I.P.C.

(2.) BRIEF facts were that there was a land in Village Kheda and Pancham, Bhogiram, Surtia, Kuntu, Ramkali, Rampyari, Arjun and Bansi and others were the other co -sharers. The land was taken on Patta. According to the prosecution also, respondent No. 1 Shambhoo, since dead, had taken loan from Central Bank of India pledging the entire land by making false signatures which was attested by respondent Damodar. Taking of loan pledging the entire land belonging to other co -sharers amounted to cheating, forgery and fabrications of papers. The necessary charges were framed against the respondents. The prosecution had examined Pancham (P.W. 1), Vikram (P.W. 2), Arjun (P.W. 3), Bansi (P.W. 4), Bhogiram (P.W. 5), Ramdayal (P.W. 6), Ramkali (P.W. 7) and Vekunti (P.W. 8) on the fact that loan was taken only by Shambhoo against the land belonging to other co -sharers who were complainants.

(3.) OTHER witnesses like R.S. Agrawal (P.W. 9), Kamalkant Mishra (P.W. 10), Sakharam (P.W. 11), Ramnath (P.W. 12), Suresh (P.W. 13), Ashok (P.W. 14), J.L. Rathore (P.W. 15) and Premchand (P.W. 16) were formal witnesses.