SUBHASH HARNARAYANJI LADDHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals arising out of a common judgment of conviction and sentence, were taken up for hearing together and are being disposed of by this common judgment. Accused Nos.2 to 4 before the learned Sessions Judge are before us. Accused No.1 was Ajay @ Rameshwar Raghuram @ Sheshrao Galat Dhabekar, Accused No.5 was Baijrao @ Rawalsingh Saju Rathod. Accused No.1 was convicted for commission of an offence under Sections 302, 364, 467, 468, 471 read with Section 120B of the Indian Penal Code whereas Accused No.5 was convicted for commission of an offence under Section 465 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for two years.

(2.) The deceased was one Yadav Navkar. He was resident of Survey No.45 of Village Umri, Taluka Akola. He purported to have entered into an agreement of sell in respect of the said land with the appellants herein on or about 16.5.2000. The amount of consideration stipulated therein is said to be fifteen lakhs. There exists a dispute as to whether he had accepted a sum of Rs.75,000/- or a sum of Rs.2 lakhs by way of earnest money. A purported General Power of Attorney is said to have been executed by the deceased in favour of accused no.1 on 30.6.2000. Accused No.5 is said to have impersonated as the deceased. The said power of attorney was found to be a forged one.

(3.) An advertisement for sale was issued in a newspaper known as "Daily Deshonnati" on 26.7.2000 stating that 1 Hectare 1 Are in Survey No.45 is available for sale. Admittedly, a Deed of Sale was executed by the accused No.1 in favour of the appellants herein for a sale consideration of Rs.9 lakhs on 8.8.2000.