RAMESHWAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri B. P. Verma, learned counsel for the revisionist and Sri R. P. Misra, learned counsel for the opposite party no. 2.

(2.) The challenge in the present revision is to the order dated 9.12.2009 passed by Judicial Magistrate-V, Mathura in case crime no. 240/ix/2009. By the impugned order, the present revisionists along with Smt. Laxmi Singh, wife of revisionist no. 1 has been summoned to face trial for the offence under section 420, 120 B IPC.

(3.) The accusation against the accused persons have been brought forward by moving an application under section 156 (3) Cr.P.C. by Smt Rani, wife of Laxman. With the facts that her husband is mentally sick and his mental age is hardly that of a kid of 4 or 5 years. He owns plots Nos. 274 and 202 of different areas in village Kurkunda P.S. Farah, District Mathura. Because of his poor mental condition, Laxman was not employed anywhere and he frequently used to visit the company of Tunda and Ramjeet presently revisionist no.4 and 5. Tunda was employed as driver with revisionist no. 1,who also employed Laxman as guard at his house. The complainant came to know that Rameshwar Singh got executed the sale deed of the entire holding from Laxman, her husband, by way of two different sale deeds. One sale deed was executed in favour of Vijay Pal and Ganesh and the other sale deed was executed in favour of Smt. Laxmi wife of Rameshwar Singh. The complainant while came to know about these sale deeds, she complained the matter to Tunda and Ramjeet, who assured for the cancellation of these documents but did not adhere to their promise. On these facts, the accusation was levelled that the accused persons having hatched a conspiracy, got executed sale deed of the property of her husband, costing about Rs. 1.5 crores. The remaining two accused revisionists are the marginal witness to the sale deed executed in favour of Smt. Laxmi.