VIJENDRA CHAUDHARY Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been preferred by applicant challenging the order dated 23.01.2006 vide which he has been chargesheeted under Sections 420, 466, 467, 468, 471 of Indian Penal Code (hereinafter referred to as "IPC").

(2.) Brief facts of the case are that Ajit Singh had moved an application before Naib Tehsildar, Jaspur along with death certificate of Amrik Singh issued by Gram Pradhan stating that land bequeathed by Amrik Singh be mutated in his name. During the said proceedings, Sukhbir Singh, son of Amrik Singh appeared as witness and deposed that his father Amrik Singh had died on 12.01.2000. He was living separately from his sons namely Sukhbir Singh and Jagtar Singh and Ajit Singh was looking after his father. Being happy with Ajit Singh, Amrik Singh bequeathed the land measuring 0.809 hectare in khasra Nos. 114, 116, 131, 132 in revenue record situated at village Gari Husain in favour of Ajit Singh. He identified the signatures of his father on the said WILL. Balbir Singh, who also appeared as witness, stated that Amrik Singh died on 12.01.2000 and he had bequeathed his land measuring about 2 acres in favour of Ajit Singh. He was one of the attesting witnesses to the WILL. The said mutation proceedings were rejected by Naib Tehsildar mainly on the ground that death certificate of Amrik Singh had not been issued by Block Development Officer but the same had been issued by Gram Pradhan only and therefore, it was not acceptable.

(3.) Since aggrieved Ajit Singh filed an appeal challenging the said order before Assistant Collector specifically mentioning that the Naib Tehsildar erred in not accepting the death certificate submitted by the appellant. According to the appellant that certificate was issued by Gram Pradhan only. The said appeal was rejected by the Assistant Collector, Jaspur and Assistant Collector came to the conclusion that as per death certificate submitted by the appellant Amrik Singh died on 12.01.2000 however, it has been revealed that Amrik Singh is still alive and had gone abroad about 7-8 year ago. It has been further mentioned that wife and sons of Amrik Singh have sold the property in favour of Ajit Singh and Ajit Singh in order to save stamp duty has prepared a forged WILL. It is further concluded that even the death certificate of Amrik Singh issued by Block Development Officer has not been submitted by Ajit Singh. It has further been observed that other co-sharers of Amrik Singh in connivance with appellant Ajit Singh have prepared a forged death certificate. On enquiry it was found that no death certificate was issued with regard to death of Amrik Singh, therefore, it is proved that forged death certificate of Amrik Singh has been produced in the court. Thus, appeal was dismissed. On the basis of findings of Assistant Collector, Jaspur a complaint was submitted by Block Development Officer regarding the forged death certificate of Amrik Singh produced by Vijendra Chaudhary before Assistant Collector, Jaspur. Sri Vijendra Chaudhary, advocate, who appeared on behalf of Ajit Singh in an appeal against the order dated 02.05.2005 passed by Nail Tehsildar, who rejected the application for sanction of mutation on the basis of WILL of Amrik Singh made in favour of Ajit Singh.