MURUGESAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No.468 of 2019 on the file of the Judicial Magistrate No.1, Tirunelveli as against the petitioners are concerned.

(2.) The learned counsel appearing for the petitioner submitted that the petitioner arraigned as A2 to A4 and on the complaint lodged by the 2nd respondent, a case has been registered in crime No.1 of 2006 for the offences under Sections 420, 467, 468, 474 r/w 120(b) I.P.C. @ 120(b), 467, 468, 474 and 420 I.P.C. on the allegation that the father of the 2nd respondent owned a property in S.No.81/B1, B4, B6 to an extent of 11 acres 30 cents at Melaambasamuthiram, Ambasamuthiram Taluk, Tirunelveli District. During his life time, the portion of the property was sold out and thereafter, he died on 15.04.1988. Thereafter, the 2nd respondent along with other legal heirs arrived for an amicable solution to sell some extent of the said property and rest of the property kept unsold. It is further alleged that A1 viz., the brother of the 2nd respondent herein conspired along with other accused persons viz., the petitioners herein forged the signature of their deceased father and fabricated the Will dated 21.02.1988 as if the portion of property bequeathed in favour of A1 and on the strength of the said Will, they sold out the property.

(3.) The learned counsel appearing for the petitioner would further submit except the offence under Section 120(b) I.P.C., no other offences are attracted as against the petitioner. The entire allegations are made only as against the 1st respondent. No doubt, A1 died. Even according to the case of the defacto complainant, A1 conspired with other accused persons and fabricated the Will and on the strength of the Will, some portion of the property sold out to the petitioners herein. The prosecution examined 15 witnesses and no one as spoken about the involvement of the petitioners with A1 with regard to conspiracy.