STATE OF MAHARASHTRA Vs. MANIK NARAYAN KENDRE

JUDGEMENT

(1.) The State has come in appeal against the order of acquittal of the respondents, who were accused No. 1 and 2, passed by the Additional Sessions Judge, Nanded dated December 27, 1973, whereby he acquitted the respondents and a third accused of the offence punishable under section 467 read with section 34 I. P. C. and section 82 (c, (d) of the Indian Registration Act.

(2.) Agricultural lands bearing Survey Nos. 10/A, 25/E and 41 of village Pokharani Taluka Kandhra, District Nanded were gifted to the mother of the complainant Krishnaibai, wife of Eknath, about 40 years back, after her father and brother were murdered After the death of her mother, Krishnabai became the exclusive owner of the said lands and was in possession and enjoyment thereof Krishnabai's husband died 25 years back and one of her sons Vithal died on March 18, 1968. Besides Vithal, she had two sons, viz. Manika and Raghunath and two daughters. It appears that a few days prior to Vithal's death he and his brother managed to get their names entered in the village records relating to the said land,. In about February 1970, Krishnabai came to know that a sale deed in respect of one third share in the said lands was brought about and she therefore obtained a certified copy of the sale deed. It was revealed from the document that a sale deed purporting to convey ond-third share in the said three lands to the extent of .Vithal's share was transferred by a registered sale-deed in favour of Narayan, the father of accused No 1, Sakharam, accused No 2, and Tukaram, the father of accused No. 3 This sale deed was not registered on December 24, 1968 in the office of the Sub-Registrar, Kandhar. As the facts would show, on the the date of the alleged sale-deed, her son Vithal was not alive. The complainant, therefore, lodged a report at the Khmdhar Police Station. This first information which was longed on February 24, 1970, by Krishnabai is at Ex. 6 On the basis of this first information, an offence under section 457 and 419 of Penal Code as well as under section 82 of the Indian Registration Act was registered. During the course of investigation, the police Collected the evidence to show that the transaction was brought about after the death of Vithal. Thumb impressinos of Vithal on the sale deed were found to be forged. It was also noticed that thumb impressions of accused No. 2 as the person who presented the sale-deed for registration before the Sub-Registrar also was forged. During the course of investigation, evidence was collected to show that accused Nos.lto3 were present at the time of the sale-deed and had taken part in bringing about the fictitious sale deed by setting up a third person who put his thumb impression before the Sub-Registrar disclosing his name as Vithal Eknath. The sale-deed, Ex. 63, was also sent to the Thumb Impression Expert for his opinion for comparison of the admitted thumb impressions of deceased Vithal on certain other documents and that of Sakharam accused No. 2 Purushottam M. Rajpathak ( P. W. 7 ) Finger Print Expert, gave his opinion that the thumb impressions were forged. However, in his opinion, he found that the thumb impressions were not- of any of the accused After completing the investigation, the police submitted a charge-sheet against the three accused in the Court of the Judicial Magistrate, First Class, Kandhar. Initially the learned Magistrate was of the opinion that no prima facie case was made out against any of the accused presons and, therefore, discharged them by his order dated Oct. 30, 1972. A revision application came to be filed against the said order of discharge in the Sessions Court, Nanded. The revision application was allowed and it was directed that the accused should be committed to stand their trial for the offences under section 487 read with sec. 34 IPC. and sec. 82 (e) & (d) of the Registration Act.

(3.) At the trial all the three accused denied to have committed any offence and contended that they were falsely implicated in the alleged crime.