HARENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ACCUSED Harendra Singh and Prem Singh stood trial for the offence punishable under Section 364 of the Indian Penal Code, 1860 (for short I.P.C.) for kidnapping Munna and his wife for the purpose of committing their murder, while Harendra Singh along with Tula Ram stood trial for the offence punishable under Sections 467, 468 and 471 of the I.P.C. for forging the Power of Attorney of Munna for using the same for the purpose of cheating. However, the trial court after taking into consideration the material facts and evidence available on record acquitted accused Harendra Singh and Prem Singh for the offence under Section 364 of the I.P.C. ACCUSED Tula Ram has been acquitted of the charges under Sections 467, 468 and 471 of the I.P.C. while accused Harendra Singh has been convicted for the abovementioned offence and sentenced to one year rigorous imprisonment and a fine of Rs. 1,000/- under each of the aforesaid sections separtely. In default of payment of fine, he has further been ordered to undergo one-month simple imprisonment. All the three sentenced have been ordered to run concurrently.

(2.) THE criminal law was set in motion on the written complaint (Ex. Ka-3) submitted by Kaluwa (PW-3) cousin brother of Munna alleged to be missing or murdered. It is alleged by the complainant that his brother Munna and his wife are missing for quite some time. Accused Harendra Singh in connivance with one Gokul Singh and Mukesh Kumar got prepared forged Power of Attorney dated 24.02.1988 of Munna in his favour with regard to Munnas property. THE said Power of Attorney was registered at Rampur whereas the property is situated in the area of Kashipur. On the basis of said forged Power of Attorney, Harendra Singh sold the said property to Prem Singh and Tula Ram is the attesting witness of the registered sale deed. THEreafter the abovementioned persons have made his brother and sister in law disappear or they have been killed. It is further alleged that the accused persons are threatening the complainant with dire consequences. On the basis of the complaint, Chick F.I.R. (Ex. Ka-6) was recorded on 25th July 1990 at 2:00 p.m.

(3.) ON conclusion of prosecutions evidence, statements of the accused persons were recorded under Section 313 Cr.P.C. They denied all the allegations of prosecution and claimed innocence and false implication. In defence the accused persons did not produce any evidence.