REPORTS UP HELD BY HON’BLE COURTS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA NO.4320 OF 2005
Date of Decision 11-09-2007
Bholi Vs Krishna & others
By the Hon’ble Mr. Justice Hemant Gupta
The Plaintiffs have examined PW3 Sh. Anil Kumar Gupta, Qualified Handwriting and Finger Print Expert, Fazilka . He has deposited that the thumb impressions on the written statement dt.19-07-1988, vakalatnama dt.19-07-1988 and statement dt.19-07-1988 in civil suit no.83 dt.17-02-1988 titled Smt. Bholi and Krishna etc. are not identical with the specimen, admitted and proved thumb impressions of the plaintiff. His report is Ex-P3 and enlarged photographs are Ex-P4 to Ex-P10. The Learned First Appellate Court has considered the report of DW-1 Finger Print Expert examined by the defendant who has reported that thumb impressions of the plaintiff on the written statement dt.19-07-1988, vakalatnama dt.19-07-1988 and statement before the court are half contoured, totally blurred and cannot be compared. The court has found that a perusal of the written statement and the statement dt.19-07-1988 reveals that thumb impressions are not blurred and the same are clear. The statements of the two of the defendants that the plaintiff was present in the court cannot rebut the report based on Scientific Study of Thumb impressions. Vakalatnama, written statement and the statement in the court are not comparable with the standard thumb impressions of the plaintiff. Both the courts below have appreciated the entire evidence to return a firm findings of the fact that the plaintiff have not appeared before the court on 19-07-1988 which lead to the passing degree in the favor of their mother. Therefore, the findings recorded that degree is result of fraud and misrepresentation cannot be said to the suffering from any illegality or irregularity.