The State of Bihar vs Gopal Prasad Sharma and Ashok Kumar Jha

Chandramauli Kr. Prasad, J.—An application (Flag-A) has been filed for condoning the delay in filing this appeal.

Heard.

For the reasons stated in application the same is allowed. Delay in filing the appeal is condoned.

Heard on merits.

The State has preferred this application for grant of leave to appeal against the judgment dated 11.4.2001 passed by the Judicial Magistrate, 1st. Class Patna in G.R. Case No. 2524 of 1995 whereby it has acquitted the Respondents.

Altogether four persons including Respondent Nos. 1 and 2 were put on trial for the offence under Sections 467, 468, 471, 400, 420 and 120B of the Indian Penal Code.

According to the prosecution, accused persons forged the letter of a member of parliament as also the Chief Minister. The said letter was produced by the accused Shankar Prasad and Shushil Kumar @ Shyam Kumar. The learned Magistrate by the impugned order has held them guilty. However, finding no material against these Respondents acquitted them of the charge.

From a perusal of the order of the learned Magistrate, it is evidence that the material produced during the course of trial does not prove beyond reasonable doubts the complicity of the Respondents in the crime. In that view of matter, I am of the opinion that the learned Magistrate did not err in acquitting these Respondents.

I do not find any error in the order impugned. Prayer, for grant of leave to appeal against the judgment of acquittal stands dismissed.