POONAMBHAI KHODABHAI VAGHRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in the present Revision Application is addressed to judgment and order dated 05th September, 2014 passed by learned Additional Sessions Judge, Anand in Criminal Appeal No.13 of 2012, which arose from judgment and order passed by the trial court in Criminal Case No.739 of 2011.

(2.) IN the aforesaid criminal case, the applicant -accused No.1, amongst the three accused persons, was tried for the offences punishable under Sections 465, 467, 471,120 -B and 114 of the Indian Penal Code. Learned Judicial Magistrate (First Class), Petlad convicted all the three accused, including the applicant herein, and sentenced them. The applicant came to be convicted for the offences under Section 465 read with Section 114 read with Section 120 -B, IPC and came to be sentenced to undergo two years simple imprisonment and to pay fine of Rs.03,000/ - and on default of payment of fine, to undergo imprisonment for further two months. Conviction was recorded for the offences under Section 467 read with Section 114 read with Section 120 -B, IPC and the sentence imposed was three years simple imprisonment, fine of Rs.03,000/ - and two months' default imprisonment. In respect of conviction under Section 471 read with Section 114 read with Section 120 -B, IPC, the same sentence and fine with default clause as was imposed for Section 465, IPC, was imposed. All the sentences were to be undergone concurrently with benefit of setoff, it was ordered. In the appeal before the Sessions Court, the conviction and sentence was modified. The conviction and sentence under Sections 465, 467 and 471, IPC were maintained, but conviction under Section 120 -B, IPC was set aside.

(3.) THE basic facts and the prosecution case may be usefully noted. As already stated, tehre were in all three accused who were tried for the said offences in the Criminal Case No.739 of 2011. It was pursuant to First Information Report being Crime Register No.I - 75 of 2010 registered at Sojitra Police Station for the offences punishable under Sections 465, 467, 471, 120 -B and 114, IPC. The allegations were that land bearing Block No.636 in the sim of village was with the complainant's father under the Tenancy Law in capacity of tenant; the original ownwer of the land was one Navinbhai Harmanbhai Patel. The applicant herein -accused No.1 Poonambhai Kohdabhai Vaghari told and threatened the complainant that original owner Navinbhai had executed a Will; that it was later noticed that accused No.1 Poonambhai had created bogus Will and fabricated death certificate of the original owner; by forging documents including revenue record, conspired to grab the land. It was alleged that on the basis of such documents, finance was also obtained. Learned advocate Mr.Dattani for learned advocate Mr.P.P. Majmudar for the applicant raised various grounds set out in the Memorandum of Appeal and assailed to impugned judgment and order of the Sessions Court. It was submitted that the original Will was not produced and that the applicant came to be acquitted for offence under Section 201 IPC. Learned advocate further referred to certain aspects from the cross -examination of the complainant by submitting that the original complainant was not able to state as to when his father got the land under the Bombay Tenancy and Agricultural Land Act, 1948. The evidence of Investigating Officer (Exh.50) was relied on to submit that even from his evidence, it was not established that the false document was created by the applicant.