VASANT MADHAV Vs. PRAMOD

JUDGEMENT

(1.) This appeal is filed under Sec. 378(4) of Crimial P.C. challenging the judgment of acquittal passed in CC No.1745/2005 on the file of the Civil Judge and J.M.F.C. Bagalkot, dated 31/8/2010 for the offences punishable under Sections 465, 418, 120(b) and 511 r/w 34 of I.P.C.

(2.) Parties are referred to their rankings before the Court below for the sake of convenience.

(3.) The brief facts of the case is that, the complainant has filed the complaint before the Court below stating that he is the resident of Bagalkot and he is the joint owner of the house property bearing CTS No.375/1 and 375/2 of Ward No.4 and CTS No.36, 37 and 38 of Ward No.5 of Bagalkot Town. All these properties have been submerged under the Upper Krishna project. Accused Nos.1 to 3 are the sons of eldest brother of the complainant late Gururaj Athani. The submerged properties are the jointly owned by the complainant-Anant Krishtacharya Athani and Lila G.Athani and the father of Accused Nos.1 to 3 Gururaj Athani. The complainant along with Anant Athani and Lila Athani have executed a power of attorney in favour of accused No.1 on 28/4/2000 to facilitate him to represent the complainant and two others before the Court to receive the compensation amount. Subsequently, accused No.1 started to behave in different way and his attitude towards the complainant and two others was observed to be suspicious and hence, they got cancelled the power of attorney and issued notice to accused No.1 on 9/2/2001. Inspite of the cancellation of the power of attorney, accused No.1 cheated the complainant to cause loss to him by creating false documents and other documents connived with accused No.1, conspired to knock of the property. Accused No.1 has made a false document of relinquishment deed, showing the same as it has been executed jointly by the complainant, Anant K.Athani and ila G.Athani on 19/12/2000. The complainant and two others have not executed such deed nor they have signed the documents. They were also not at all present on 19/12/2000 at Bagalkot. The signatures found on the said relinquishment deed is not that of the complainant, Anant K.Athani and Lila G.Athani . Accused No.1 himself has managed to make the signatures with the help of some other persons. Accused No.1 has used the said documents as genuine and submitted the same to the Bagalkot Town Development Authority and made the said authority to believe the said documents to be genuine and as a result, the Authority has allotted a plot No.29 in Navanagar Sector No.14 to accused No.1. Accused Nos.1 to 3 have created another false document. In that, they have prepared an agreement showing that accused No.1 his brother and sister-in-law have purchased the same and the same was made on 31/7/2001 with dishonestly induced the notary at Bagalkot to attest the said document. The accused have used the said created documents with the B.T.D.A. authorities and authorities have allotted the plot No.A-581 and A-582 in Sector No.28 to accused Nos.2 and 3 respectively. Accused Nos.1 to 3 were responsible to create the false documents in connivance of accused Nos.4 and 5. Both accused Nos.4 and 5 are the advocates at Bagalkot. Accused No.4 had knowledge and acquainted with the complainant, Anant Athani and Smt.Lila G.Athani, though they were not present and they have not signed the documents, but, he has endorsed on the document as he knows the executants. Based on the complaint, the Court below have referred the matter for investigation under Sec. 157 of Crimial P.C. and Investigating Officer has filed false 'B' report and the same has been challenged and the complainant has been examined. The Court below has taken cognizance for the offences alleged against them. Thereafter, summons was issued and secured the accused persons, but, they did not plead guilty and thereafter, the complainant examined himself as PW-1 and also examined notary as PW-2, examined PWs.3 and 4 who are another brother and sister-in-law and got marked Exs.P1 to P10(a)to(f ). The accused did not choose to lead any evidence.