HOLAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dharma, Puran and Bhagwani, children of Mana, Dhupa and his wife Phulpati, Molat Lambardar and Prita of Village Biholi and Badlu Lambardar of Village Gagsina were challaned by P. S. City Panipat under Sections 419, 420 and 468 I.P C. in the Court of Judicial Magistrate Ist Class, Panipat. He framed charges under Sections 467 and 419 against Phulpati and under Sections 467/4l9, read with Section l09 I. P. C. against all other accused, and committed all of them to the Court of Sessions.

(2.) The case against them was as follows. Mana, the father of Dharma, Puran Bhagwani and Chaukas, died leaving landed property. The sons and daughters became entitled to it in equal shares. Chaukas and Bhagwani were married to persons in villages Malo Majra and Gaguina respectively, but prior to the marriage of Chaukas, the sons and daughters of Mana had mortgaged some of their joint property with one Kidara. Dharma and Puran had contracted a loan from the Credit Co-operative Society of their village and in order to raise money for repayment of this amount, Dharma and Puran along with Bhagwani decided to mortgage the same land which had been already mortgaged along with some other land to Dhupa who belonged to their village. Dhupa approached Chaukas in this connection to ascertain her willingness to mortgage her share. She expressed her unwillingness to do so. On February 15 1966, Dharma, Puran, Prita and Bhagwani, along with Dhupa and his wife Phulpati, accompanied by the appellant who is the Lambardar of the village, went to the Tehsil premises at Panipat. They contacted Udho Das, the Document Writer and he drafted a mortgage deed purporting to be executed by Dharma, Puran, Bhagwani and Chaukas; the appellant, as Lambardar identified the four mortgagors including Phulpati who personated Chaukas. Thereafter, the mortgage deed was executed and the thumb impressions of the four executants and the appellant as Lambardar and identifier were duly impressed thereon. Next day on the 16th of February, 1966, Dharma, Puran and Bhagwani along with Phulpati came before the Sub Registrar, Panipat. The appellant as Lambardar of village Biholi identified the four mortgagors, Dhupa and also Badlu as Lambardar of Village Gagsina and the document was registered.

(3.) Chaukas came to know of the transaction soon after the registration of the document. She, along with her husband, complained to the Sub-Registrar about it. She also filed a complaint before the Sub-Divisional Magistrate, Panipat. The Sub-Divisional Magistrate, after recording her statement, registered a case against the appellant and the others and committed the accused for trial.