BATTO @ SHALENDRA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) The applicant is calling in question the order dated 21.06.2016 passed by the First Additional Sessions Judge, Gwalior in Sessions Trial No. 257/2013, whereby the charges punishable under Sections 120-B, 467 read with Section 120-B, 468 read with Section 120-B, 471 read with Section 120-B and 419 IPC have been framed against the applicant.

(2.) Briefly stated the facts of the case are that on 23.08.2011 complainant Rajkumar Upadhyay has lodged a report at Police Station Aron (Ghatigaon) District Gwalior that he is the owner of the land bearing Survey Nos.783/3, 783/4, 784/3, 788, 789, 790, 791, 792, 820/2, 824/1 total area 8.224 hectare situated at village Maanpur Tehsil and District Gwalior. On 21.05.2010 one Lakhan impersonating himself as Rajkumar executed a sale deed of above land in favour of Satish Kumar Jain, Director Kim Infrastructure and Developers Limited. While executing the sale deed, the applicant namely Batto alias Shailendra Sharma by impersonating himself as Gopal S/o. Bhagirath has endorsed his signature as a witness to the sale deed and affixed his photograph in the forged sale deed.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and he is not having any connection with the above alleged offence. No signature of the applicant is available on the sale deed and police has not filed any hand writing expert report which indicates that the applicant made signature as Gopal. Therefore, there is no iota of evidence available to implicate the applicant in the present case. Therefore, the trial Court has committed error in framing the charges against him.