--Ss. 420, 458, 471 & 109--Cheating and dishonestly--False document was missed-

 PLJ 2020 Cr.C. (Lahore) 1648

Pakistan Penal Code, 1860 (XLV of 1860)--

----Ss. 420, 458, 471 & 109--Sentence--Challenge to--Cheating and dishonestly--Essential ingredients--False document was missed--Appreciation of evidence--Evidence which does not establish commission of forgery and leaves an impression that respondents were responsible for alleged forgery cannot be made basis for conviction under Section 466, PPC--Though it can be used as a strong piece of corroborative evidence--Allegation against one of respondents made false report while other dishonestly entered mutation knowing it to be factually incorrect, it was held that giving false information and entry thereof would not amount to make false document within meaning of forgery as defined under Section 463 PPC and Punishable under Section 468 PPC--Moreover, prosecution has not led any evidence regarding connivance of respondents with respondent Chokidar to make false entry in register Amwaat regarding death of deceased--Appeal was dismissed.           [P. 1650] A

Mr. Usman Sher Gondal, Advocate for Appellant.

Mr. Muhammad Navid Umar, DPG for State.

Date of hearing: 22.9.2020.

 PLJ 2020 Cr.C. (Lahore) 1648
Present: Ch. Mushtaq Ahmad, J.
MUHAMMAD AFZAL--Appellant
versus
MUHAMMAD HUSSAIN and 3 others--Respondents
Crl. A. No. 650 & Crl. P. No. 1450-M of 2013, heard on 22.9.2020.

Judgment

Through this appeal, Muhammad Afzal complainant has prayed for setting aside judgment dated 06.04.2013 passed by learned Additional Sessions Judge, Hafizabad, whereby Respondents No. 1 to 3 were acquitted from the charge.

Appellant is complainant of case FIR No. 17 dated 21.03.1981 registered at Police Station Vanike Tarar, District Hafizabad under Sections 420, 468, 471, 109, PPC, Respondents No. 1 to 3 Muhammad Hussain, Muhammad Hayyat and Ghulam Haider were tried by learned Magistrate Section 30, Hafizabad who convicted and sentenced the respondents as under:

i)        Under Section 420 PPC 6 months R.I.

ii)       Under Section 468 PPC 06 months R.I

iii)      For making forgery of public record (without mentioning section of PPC) and sentenced them to 6 months R.I and

iv)      Muhammad Hussain and Muhammad Hayat under Section 471 PPC and sentenced them to 6 months. R.I. and

v)       Muhammad Hussain and Muhammad Hayat under Section 471 PPC and sentenced them to 6 months. R.I. All the sentences were directed to run concurrently. Benefit of section 382-B Cr.PC was given to the respondents.

2. Brief facts of the case are that one Mst. Afzal Bibi d/o Muhammada wife of Ghulam Muhammad so Elahi Muhammad), died two years' prior to the establishment of Pakistan. Her husband Ghulam Muhammad also died since long. Respondents/accused Muhammad Hussain and Muhammad Hayat were sons of Mst. Afzal Bibi. They in order to get personal gain, connived with respondents/ accused Ghulam Haider Chowkidar and made bogus death entry of Mst. Fazal Bibi instead of Afzal Bibi showing the date of her death entry of her death as 19.11.1979 in the register Amwaat for the year 1979 of village Kot Jan Muhammad. Thereafter, they obtained copy of bogus death entry and obtained undue benefit on the basis thereof. On the application Ex.PB, inquiries were conducted by Project Manager and the Area Magistrate and thereafter FIR Ex.PC was lodged by the order of the then Assistant Commissioner.

3. After investigation, respondents/accused were found involved in the case and sent up for trial. Learned Magistrate, convicted and sentenced the respondents as mentioned above. Feeling aggrieved, respondents/accused filed appeal before learned Additional Sessions Judge which was allowed vide Judgment dated 06.04.2013 and conviction and sentence recorded vide judgment dated 02.03.2013 was set aside. Criminal revision filed by r appellant was dismissed.

4. After hearing learned counsel for the appellant and learned DPG, it has been noticed that admittedly inquiry reports were neither proved nor produced and exhibited in evidence by the prosecution. Cheating and dishonestly inducement for delivery of property are essential ingredients of said sections. Prosecution has not led any evidence whatsoever in this regard. PW-3 Allah Ditta, Secretary Union Council, deposed that he issued copy of register Amwaat as per record and said entry was made by the Secretary who was posted prior to him. Thus, one of the essential ingredients of making false document is missing in this case. The evidence which does not establish commission of forgery and leaves an impression that the respondents were responsible for alleged forgery cannot be made basis for conviction under Section 466, PPC. Though it can be used as a strong piece of corroborative evidence. Allegation against one of the respondents made false report while the other dishonestly entered mutation knowing it to be factually incorrect, it was held that giving false information and entry thereof would not amount to make false document within the meaning of forgery as defined under Section 463 PPC and Punishable under Section 468 PPC. Moreover, the prosecution has not led any evidence regarding connivance of respondents Muhammad Hussain and Muhammad Hayat with respondent Ghulam Haider Chokidar to make the false entry in the register Amwaat regarding the death of Mst. Fazal Bibi.

5. For the reasons recorded above, learned appellate Court has rightly set-aside conviction and sentence of the respondents. I find no illegality in the impugned judgment. Hence, this appeal is dismissed.

6. In view of above discussion, Criminal Petition No. 1450-M of 2013 is dismissed.

(S.A.B.)           Appeal dismissed