LAL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether the courts below were right in convicting the appellants under Section 120B of I. P. C. for being parties to a criminal conspiracy to fraudulently deprive an illiterate woman of her agricultural lands by deceiving her into affixing her thumb mark on a document under a misrepresentation and for offences under various other provisions is the problem posed before this Court in these three allied appeals by special leave.

(2.) The prosecution culminating in these appeals was initiated by a F. I. R., instituted on January 15, 1969 on an allegation that a fraud had been practised in respect of a sale deed purporting to have been executed by one Smt. Ghogari for a consideration of Rs. 30,000/- on November 18, 1968 in respect of about 36 kilas of land situated in village Mehrana in Haryana. The thumb impression of Smt. Ghogari was obtained under the misrepresentation that she was affixing her thumb impression on a complaint to be lodged with the police in regard to the unlawful entry made by one Lacchi and others on her land without any legal right or authority. These offences were said to have been committed in pursuance of a conspiracy hatched by P. W. 5, Bhimal, who at the material time enjoyed the confidence of Smt. Ghogari and as acting as her 'Pairokar', and seven others including Tehsildar Lal Chand before whom the document was presented for registration. In respect of this document registered on November 19, 1968, a written complaint was lodged by Smt. Ghogari on November 23, 1968. with the then Chief Minister who happened to visit village Imlota near Dadri. The written complaint was handed over to P. W. 13 Gupta, who was at the material time Deputy Commissioner-cum-District Magistrate, Mahendragarh District. He in turn passed on the same to P., W. 1, Superintendent of Police Kalyan Rudra, and instructed him to make a confidential enquiry. Ultimately, P. W. 1 passed order Ext. PA-5 on January 7, 1969, directing the registration, of the case and making of investigation. And pursuant thereto a F. I. R. was lodged at the police station on January 15, 1969, that is to say, some two months after the commission of the offence.

(3.) It may be mentioned that Bhimal, who was accused of being one of the conspirators, had meanwhile made an application for becoming an approver. The application was made on July 21, 1970 and pardon was tender on Aug. 6, 1970. Under the circumstances, Bhimal was one of the witnesses (P. W. 5) at the trial whereat the seven persons said to have been his co-conspirators were tried by the learned Special Judge.