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connection with this case are all relied upon by this court as they are
proper and identified by the witnesses who prepared it and there are
corroboration in between the witnesses thus the certificates as issued
by P.W. 1 and P.W. 12 at the later stage is not at all fatal to the
prosecution case. The Ld. Lawyer for the accused at the time of
argument referred citation Kundan Singh vs State and (2015) 1 Cal LT
318 and on perusal of the said citation this court finds that it is not
applicable in this case.
As per the mandate of section 47 of Indian Evidence Act which
states that, Opinion as to handwriting, when relevant — “When the
Court has to form an opinion as to the person by whom any document
was written or signed, the opinion of any person acquainted with the
handwriting of the person by whom it is supposed to be written or
signed that it was or was not written or signed by that person, is a
relevant fact.”
In this present case P.W. 11 in his examination in chief that, “in
my presence from our cell S.I. Jyotirmoy Biswas also signed into it as
a witness” and further stated that, “I know the handwriting and
signature of Jyotirmoy Biswas”. P.W. 18 stated in his examination in
chief that, “This is the signature of Jyotirmoy Biswas who works in our
Cell and I know his handwriting and signature”. The P.W. 9 stated in
his examination in chief that, “I know the handwriting and signature
of Jyotirmoy Biswas who works in the Cyber Cell, C.I.D.”
P.W. 6 stated in his examination in chief that, “This is the
signature of Sukanta Roy in the D.V.D. and he had signed in my
presence and I know the signature and handwriting of Sukanta Roy
and this is the said signature of Sukanta Roy”. Further, though the
name of Uttam Dolui being the seizure witness and his signature was
proved by the P.W. 10 who has stated in his examination in chief that
“This is the said paper which is the seizure list containing two pages
which was translated to me in Bengali and after understanding its
content my friend and I put our signatures thereon and this is my
signature along with date in the last page and this is the signature
and date of my friend Uttam Dolui and I know the handwriting of my
friend Uttam Dolui”.
Ld. Special PP at the time of argument relied a citation reported
in (2012) 3 Supreme Court Cases (Cri) 18 where it was held that
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