ASHOK KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal revision has been filed against the judgment and order dtd. 25/8/2021 passed by the Additional Sessions Judge/Fast Tract Court No.2, Etawah in Criminal Appeal No. 12 of 2019 (Har Prakash Shukla and others Vs. State of U.P. and others) as well as impugned order dtd. 29/1/2019 passed by the Additional Chief Judicial Magistrate, Court No.2, Etawah in Criminal Case No. 1952 of 1998, arising out of Case Crime No. 191 of 1985 under Ss. 467, 468, 471, 420 and 120-B I.P.C. Police Station Vidhoona, District Etawah.

(2.) The facts in brief is that the informant Lalman S/o Ram Charan r/o Jagipur,Mauza Devrau, Police Station- Vidhuna, District- Etawah aged about 70-75 years lodged a First Information Report on 2/11/1985 that he is neither married nor has any other successor. He is the land holder in possession of Khata Khatuni No. 634-A comprising three plots of land having area of one acre and 1/2 portion of land of Khata Khatuni no. nil comprising two plots having area of 4.01 acres. His relatives accused Krishna Dutt, Prabhudayal and Vinod Kumar and others used to pressurize him to execute the sale deed of his land in their favour. Thereafter, they threatened the informant that if he did not execute a sale deed they will kill him and will get the sale deed executed by impersonating any other person in his place as Vendor, due to threat of aforesaid accused and their companion ante-social elements, the informant got frightened and started living with his nephew (Bhanja) Sri Narayan at Hisawa, Police Station- Mangalpur, District- Kanpur Dehat.

(3.) On 3.10.201985, the informant without any pressure and free will executed two sale deeds of the aforesaid plots for Rs.2,00,000.00 (two lacs) and 39,000/- respectively in favour of Hari Prakash and Ved Prakash s/o Vijay Bahadur Shukla and a house for Rs.8000.00 in favour of Ramswaroop Shukla s/o Dularelal.