RAM DEV SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed impugning the order dated 30.8.2007 passed by the Special Judge (E.C. Act), Gonda in Criminal Revision No.243 of 2000, which was preferred by the respondent no.2 against the order dated 10.8.2000 passed by the learned Chief Judicial Magistrate, Gonda in Crime No.446 of 1999 whereby he discharged the petitioners/accused under Sections 419, 420, 467, 468, 471 IPC.

(2.) An FIR under Sections 419, 420, 467, 468, 511 IPC came to be registered against the accused as Case No.97 of 1983 alleging that the complainant's husband Ram Bahadur Singh died on 20.3.1983. On 31.3.1983 the accused tried to get registered a forged Will of Ram Bahadur Singh, but they could not succeed. On suspicion that the accused were registering the forged Will of late Ram Bahadur Singh by impersonation, the police reached at the office of the Sub-Registrar and apprehended the accused while other accused manage to flee. The police after investigation, filed the charge sheet and the petitioners stood trial. However, the trial court vide judgement and oder dated 10.1.1996 passed in Case No.1575 of 1993 acquitted the accused. A revision was filed against the acquittal by the complainant. However, later on, she entered into compromise with the accused and withdrew the revision petition.

(3.) It appears that the petitioners filed an application for mutation of the land of Ram Bahadur Singh in their name on the basis of the forged Will. The complainant, therefore, filed subsequent compliant alleging that after the acquittal of the accused, as well as compromise, which was entered into between the parties, they got the forged Will registered and on that basis they applied for mutation of the land of her husband Ram Bahadur Singh. However, from the facts, it appears that the said mutation application was later on withdrawn and, the complainant did not suffer any loss.