USMAN AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This is an appeal by Usman and Mohammad Farooq against the judgment dated 23 -10 -1967 passed by Shri M.C. Goel, 2nd Additional Sessions Judge, Bijnor, convicting them Under Sec. 120 -B read with Sec. 465 IPC and Under Ss. 466 IPC and 471 read with Sec. 466 IPC. The Appellants have each been sentenced to four years' rigorous imprisonment on each count concurrently.

(2.) The appeal was first taken up on the 7th of January, 1970 and as the Appellants did not put in an appearance, the learned Counsel for the State was heard and the appeal was decided. Thereafter the Appellants moved an application Under Sec. 561 -A Code of Criminal Procedure (Cr. Misc. Case No. 164 of 1970) praying that the appeal be reheard for reasons enumerated in the said application. The application was allowed by the order dated 13 -2 -1970 and thereafter the appeal was reheard on 5 -3 -1970.

(3.) The facts apparent from the evidence on the record and not controverted in this Court are that one Moqbool Ahmed was the owner of a house and a baithak situate in village Nidru in police circle Dhampur in district Bijnor. The property was declared evacuee property as Maqbool Ahmad migrated to Pakistan. The Custodian General auctioned the property in 1960. Appellant Usman was one of the bidders and initially his bid had been accepted by the Custodian General, but subsequently, it is said the sale of the property in Usman's favour was set aside and the Custodian General sold the property to one Abdul Shakoor. Abdul Shakoor then sold the property to Mazhar Hasan through the registered sale -deed (Ex. Ka 5) dated 23 -2 -1963 for Rs. 500/ -. Usman after he had been declared the auction purchaser, had let out the Baithak to Appellant Mohammad Farooq. After Mazhar Hasan purchased the property he demanded rent of the Baithak from Mohammad Farooq and as Mohammad Farooq refused to pay the rent or accept Mazhar Hasan as the owner of the property, Usman executed the deed dated 29 -11 -1963 (Ex. Ka 6) acknowledging Mazhar Hasan to be the rightful owner of the house and the Baithak.