1982 P Cr (PLP)

‑‑ S, 468/120‑B read with Prevention of Corruption Act (II of 1947), S. 5 (2)‑Forgery of record‑Evidence, appreciation of‑--Hand writing Expert not produced at trial to prove his certificate while remaining witnesses admittedly interested persons and corroboration of their evidence totally lacking‑Version of such witnesses disbe lieved against acquitted co‑accused yet readily accepted on point of conspiracy against accused‑Conviction and sentence set aside, in circumstances.‑[Evidence]. Munawwar Malik for Petitioners. Imam Bux for the State. Date of hearing :1st March, 1982. Appellant Abdul Ghafoor was convicted of offences punishable under section 468 read with section 120‑B, P. P. C. read with section .5 (2) of the Anti‑Corruption Act 11 of 1947 and sentenced to suffer R. I. for 12 months and to pay a fine of Rs. 500 or in default to suffer further period of one month and accused Bego who was convicted for the offence punishable under section 468 read with section 120 (b), P. P. C. and was sentenced to suffer R. I. for 12 months and to pay a fine of Rs. 500 or in default to suffer R. I. for one month by the Special Judge, Anti‑Corruption, Sukkur have filed the instant apptal against their conviction and sentence. The facts of the prosecution case briefly stated are as under :‑ Complainant Allahdino and his brother Pathan owned S. No. 193 measuring about 4 acres 21 ghuntas in Deh Saeedupur Taluka Sukkur, in equal shares. Complainant Allahdino learnt that the aforesaid Survey Number had been fraudulently transferred in the name of Amir Bux in conspiracy with appellants Bego, Abdul Ghafoor and Abdul Jabbar (the acquitted accused) who was then the Head Munshi, Taluka Office Sukkur. He made a complaint before the Anti‑Corruption Authorities and a case was registered against the four accused. After usual investigation all the four of them were sent up for trial in the Court of Special Judge, Anti- Corruption Sukkur. Accused Amir Bux died during the pendency of the case and accused Abdul Jabbar was acquitted by the learned Special Judge who, as already stated, convicted the two appellants. It may here lie stated that the appropriate authority had granted sanction for the pro secution of Abdul Ghafoor who was at the time of the incident Tapedar in the office of Mukhtiarkar, Sukkur and accused Abdul Jabbar Shaikh who was the Head Munshi. On behalf of the prosecution complainant Allahdino and his brother Pathan were examined on the point of ownership of the Survey Number in question and it was their allegation that they had never sold the land to Amir Bux and Bego accused. The only other prosecution witness, namely, Achar son of Khan Muhammad gave evidence to the effect that Allahdino had taken him to the office of Mukhtiarkar Sukkur where they met accused Bego who wanted to purchase 2 jirebs from Survey No. 193 from Allahdino and the bargain was struck at Rs. 1,303 or Rs. 1,

350. Bego had given Rs. 400 down and the remaining amount was promised to be paid within 16 days. The evidence of this witness is of no particular use to the prosecution as it is not in respect of Survey No. 193 or in respect of the alleged fraud in getting that Survey No. transferred in the name of Amir Bux. The only other evidence on record is that of Investigating officer Sikander Ali and D. S. P. Ghulam Abbas who produced the certi ficate given by Sub‑Inspector Mukhtar Ahmed who had examined the Dakhal Kharij Register for signatures of Allahdino stating that in compari son with the authentic signatures the disputed Sindhi signature was not made by Allahdino. It is apparent that the only evidence en which the learned Special Judge convicted the two accused was the certificate signed by Mukhtar Ahmed who was the handwriting expert and the evidence of Complainant Allahdino and his brother Pathan. Both the aforesaid, witnesses were admittedly interested persons and therefore under the well‑settled principle of appreciation of evidence their evidence required corroboration by independent evidence which is totally lacking in this case. Since the handwriting expert Mukhtiar Ahmed himself was not examined in the. Court and the accused were not afforded an opportunity to cross‑examination him the certificate produced by D. S. P. Ghulam Abbas of Crime Branch, could not be considered at all as evidence sufficient to sustain the convic tions. The learned Special Judge appears to have discarded the testimony of the defence witnesses Ghulam Hyder Khan and Zaheer who in their depositions support the version that Allahdino and Pathan had sold the Survey No. in question to accused Amir Bux. It is also very strange that although the learned Special Judge did not believe the version of complain ant Allahdino and his brother Pathan gas against accused Abdul Jabba whom he acquitted he readily accepted the same on the point of conspiracy where the two appellants are concerned. Mr. Imam Bux who appeared on behalf of the State very frankly admitted that he could not support the conviction of the two appellants ors the evidence before the learned Special Judge. The appeal is accordingly allowed and the convictions and sentences against the two appellants set aside. They are acquitted and the bail bonds furnished stand cancelled. Appeal allowed.