RAM DAYAL SINGH Vs. MAKAN SINGH @ KULDEEP

JUDGEMENT

(1.) This appeal against acquittal is directed against the judgment and order dated 29.05.2000, passed by Judicial Magistrate, I Class, Srinagar, District Pauri Garhwal, in Criminal Complaint Case No. 281 of2 1998, whereby said court has acquitted accused/ respondent no. 2 Mohan Singh and respondent no. 3 Lokmani from the charge of offences punishable under section 120B/419 and 465 IPC.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that complainant Ram Dayal Singh, resident of Village Aithana, Patti Katulsuen, District Pauri Garhwal, has his landed property bearing Khatoni Khata No. 71/ new no. 154 measuring 128 Nalis as a co-sharer in village Dhang of the same Patti. The another co-sharer was one Bakhtawar Singh, son of Kali Singh of village Aithana. It is alleged by the complainant in the criminal complaint filed in 1994 that Bakhtawar Singh had died thirty years before. It is further alleged that accused no. 1 Makan Singh @ Kuldeep (absconder) entered into a conspiracy with accused no. 2 Mohan Singh (witness of the sale deed) and accused no. 3 Lokmani Mishra, and got executed a registered sale deed on 28.12.1991, whereby the land of the aforesaid plots measuring 2 Nalis and 9 Muthhi was shown sold by Bakhtawar Singh to one Kritmani Mishra for an amount of Rs. 51,100/-. It is alleged that Makan Singh @ Kuldeep projected himself as Bakhtawar Singh (a dead person), and accused Mohan Singh identified him as Bakhtawar Singh at the time of execution of the registered sale deed. On the aforesaid complaint the Magistrate recorded statement of the complainant under section 200 Cr.P.C. and that of witnesses Bhagwati Prasad Ghildiyal under section 202 Cr.P.C., and summoned the accused Makan Singh @ Kuldeep and Mohan Singh to face the trial in respect of offence punishable under section 465 IPC on 29.06.1996. Thereafter, on 21.10.1997 exercising powers under section 319 Cr.P.C., accused/ respondent no. 3 Lokmani Mishra was also summoned to face the trial in respect of offences punishable under section 419 and 465 IPC.