GIRASIA LAKHUBHA PATHUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals which arise out of the same judgment of conviction will be disposed of by a common judgment.

(2.) The Additional Sessions Judge Gondal convicted Lakhubha Pathubha Vajubha Pathubha Rasubha Ajaji Bhovansang Hanubha Manubhai Pathubha and Revtubha Pathubha accused Nos. 1 to 6 respectively under secs. (1)417/34 (2)420/34 (3)465 467 and 468 read with sec. 34 and (4) 471 read with secs. 465 467 468 read with sec. 34 I. P. Code. The facts are that the complainant accused No. 1 and accused No. 2 are relatives and they own jointly certain lands. In order to take a loan from the Land Mortgage Bank for purchasing a tractor a mortgage docu- ment was executed. It was properly executed by accused Nos. 1 and 2. But as regards the complainant Natubha one Bhikhubha Jalamsang signed for the complainant. Bhikhubha Jalamsang admits that he did so but according to him he did it at the instance of the complainant and on behalf of the complainant. But this fact is denied by the complainant. The document was produced before the Sub-Registrar by accused No. 1 and after the necessary compliance with the procedure it was registered. On the day after the registration the complainant gave an application to the Land Mortgage Bank stating that his signature on the document had been forged.

(3.) Curiously enough Bhikhubha Jalamsang has not been prosecuted for forgery but accused Nos. 1 and 2 have been prosecuted and charged under secs. 417 420 465 467 468 I. P. Code read with sec. 34 I. P. Code and sec. 471 read with secs. 465 467 and 468 read with sec. 34 I.P. Code.