K. GOVINDARAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal Present appeal has been preferred against the judgment of conviction and sentence dtd. 3/6/2016 in C.A. No. 16 of 2014 passed by the learned Principal District and Sessions Judge, Dharmapuri, confirming the conviction and sentence imposed by the learned Judicial Magistrate No. I, Dharmapuri in C.C. No. 272 of 2004 by judgment dtd. 1/4/2014.

(2.) The petitioners herein are the accused. They were charged under Ss. 418, 420, 423, 465 and 468 IPC. The prosecution case is that the father of the defacto complainant, Late D.N. Chinnasamy during his life time, purchased the properties in S. No. 261/3 measuring 10 cents through registered sale deeds dtd. 30/3/1979 and after his demise, the defacto complainant inherited the same. The petitioner/A6 filed a suit in O.S. No. 84 of 1982 on the file of Sub Court, Krishnagiri against one Somu Achari for specific performance and the same was dismissed. Against which, A6 preferred an appeal in A.S. No. 120 of 1987 before the District Court, Dharmapuri at Krishnagiri, which was also dismissed. In the meantime, the father of the defacto complainant filed a suit in O.S. No. 341 of 1991 before the District Munsif Court, Dharmapuri against the accused for declaration of his title to the subject property. The said suit was decreed in his favour, confirming his title to the subject property. While so, accused 1 to 5, within common intention of cheating the defacto complainant and his family members regarding the subject properties purchased by the father of the defacto complainant, fraudulently and dishonestly and also with intention to cause wrongful loss to the defacto complainant, executed a sale deed in favour of accused No. 6 on 4/4/2004 vide document No. 698 of 2003. Further, in pursuance of said common intention, accused No. 7 knowing all the facts regarding the subject property, entered into a registered sale agreement with accused No. 6 on 16/5/2003 vide Document No. 89 of 2003 before the Sub Registrar Office, Dharmapuri and thereby all the accused committed the offences mentioned above. After the investigation, the first respondent police, laid a final report before the trial Court.

(3.) The trial Court, on evaluation of the evidence both oral and documentary, has held that the prosecution has proved the case as against the accused beyond reasonable doubt and accordingly, by judgment dtd. 1/4/2014 convicted the accused for the offence under Sec. 423 IPC and sentenced them to undergo two years simple imprisonment and for the offence under Sec. 465 IPC and sentenced them to undergo two years simple imprisonment and also for the offence under Sec. 468 IPC and sentenced to undergo three years simple imprisonment and to pay a fine of Rs.1000.00 each in default, to suffer one month simple imprisonment. Aggrieved by the same, the accused preferred an appeal vide C.A. No. 16 of 2014 before the learned Principal District and Sessions Judge, Dharmapuri. By judgment dtd. 3/6/2016, the learned Principal District and Sessions Judge, Dharmapuri, dismissed the appeal while confirming the conviction and sentence passed by the learned Judicial Magistrate, Dharmapuri. Challenging the same, the accused are before this Court.