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FORM A
IN THE COURT OF SUBJUDGE 4 CUM ADDITIONAL
CHIEF JUDICIAL MAGISTARTE, SASARAM,ROHTAS
Present: Sri Devesh kumar
Date of Judgment 13/07/2023
Complaint. Case NO. 1080/2016
Registration Number: 3420 /2016
Complaint. Case Number 1080/2016
Complaint under sections 465,467, 468, 470, 471, 420, 120(B) of the
Indian Penal Code.
Complainant Musmat Kalawati Kuer, W/O Late Raghuveer
Ram R/o Kaithi, PS Chenari, DistrictRohtas.
Represented by Sri Ld. Adv Kamlesh Pd.
Accused 1 Nathuni Ram, aged 65 years
2 Jokhni Devi aged about 60 years
3 Vinod Singh aged about 57 years.
Represented by Sri Bhola nath bhaskar Ld. Adv.
FORM B
Date of offence 300514
Date of complaint 251116
Date of Charge sheet NA
Date of framing of Charges 110619
Date of commencement of evidence 90118
Page 1 of 7
Date on which judgment reserved 13/07/2023.
Date of the Judgment 13/07/2023.
Date of the sentencing order, if any Not applicable.
Details of the Accused
Acquitted or
convicted
Sentence N.A. N.A. N.A.
Imposed
Period of N.A. N.A. N.A.
Detention
undergone
during trial
for the
purpose of
section 428 of
Cr.P.C.
FORM C
Page 2 of 7
LIST OF PROSECUTION/DEFENCE/COURT WITNESSES:
A Prosecution
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS,
OTHER WITNESS)
nil nil
B Defence Witnesses, if any: Nil
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LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS
C.A. Prosecution:
C.B. Defence:
1
2
3.
• C.C. Court Exhibits – Nil
1 Not Not applicable
applicable
C. D. Material Objects – Nil
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No. Object
Number
1 Not Not applicable
applicable
JUDGMENT
1 The present case emerges from the complaint filed u/s 465,467,
468, 470, 471, 420, 120(B) of the Indian Penal Code at Sasaram.
3 The charges were framed under sections 465, 467, 120B IPC on
11/06/2019. The same was read and explained over accused
persons in Hindi to which the accused persons pleaded not guilty
and claimed to be tried.
4 The statement of accused persons under section 313 of the Code
of Criminal Procedure, 1973 were also be recorded on 28/02/2023
in which they claimed themselves to be innocent.
5 The case of the defense is one of the denial of the alleged offense
and innocence of the accused persons.
POINT FOR DETERMINATION
6 Now, the question which fells for consideration before this court is
that whether the prosecution has been able to prove its case
beyond the shadow of the reasonable doubt.
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FINDINGS, MARSHALLING AND APPRECIATION OF EVIDENCE
Lalmuni Ram, PW2- Haribansh Ram and PW-3 Kalawati Kuwar, the
complainant herself.
8 P.W.-3 the complainant herself supported her case and stated in
examination in chief that she filed this case for her land. Vinod,
Nathuni, Jokhani got executed the sale deed fraudulently. Her home is
situated on that land. She did not produced herself for after charge
cross-examination.
9 P.W.-1 supported the case of complainant in his examination in chief
victim of this case has not produced himself for after chearge cross
examination. Hence her statement cannot be treated as evidence for
want of full cross-examination. Prosecution has failed to prove the
charges levelled against accused persons beyond the shadow of all
reasonable doubt. Hence offfence under sections 465, 467, 120B
IPC is not proved in light of evidence available on record.
Page 6 of 7
ORDER
13 Therefore, the accused namely Nathuni Ram, Jokhni Devi , Vinod
120B IPC. for want of evidence. All accused persons are on bail, they
and their bail bonds are also discharged from their respective
liabilities.
Pronounced in open court.
Typed and Corrected by me Pronounced by me
(SRI DEVESH KUMAR), ACJM (SRI DEVESH KUMAR), ACJM,
SASARAM SASARAM
Dated 13072023 Dated 13072023
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