2. Facts of the case, in brief, are that on 20.7.2005, Complainant Benuram (PW1) lodged a written complaint in police station alleging that 2 years prior to lodging of the complaint the Appellant and co-accused Farasram Kunjam had obtained his rinpustika and thereafter asked him to sign some documents in the bank and also in the agency of tractor without informing him that they were taking his signatures for the purpose of obtaining loan for a tractor. On the basis of said written complaint, offence was registered. During investigation, documents were seized from the bank. Rinpustika was seized from Benuram (PW1). Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. After investigation, initially a charge-sheet was filed against coaccused Farasram declaring the Appellant and other co-accused S.G. Wankhede to be absconded. Vide the judgment dated 15.4.2009, the Trial Court initially convicted co-accused Farasram for the offence punishable under Section 420/34 of the Indian Penal Code and sentenced him with the period already undergone by him and with fine of Rs.500/-. Thereafter, on 28.8.2009, absconded accused/Appellant was arrested and charges under Section 420/34 of the Indian Penal Code and Section 3(2)(ii) of the Act were framed against him. Other co-accused S.G. Wankhede is still absconded.
