PRITPAL SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailed in this petition is the judgment dated 15.7.2003 passed by the learned Additional Sessions Judge, Patiala, dismissing the appeal filed by the accused-petitioners (herein referred as 'the accused') against the judgment dated 20.9.2002 passed by the Judicial Magistrate Ist Class, Patiala, convicting and sentencing them as under: <FRM>JUDGEMENT_393_LAWS(P&H)2_2010.htm</FRM>

(2.) Succinctly speaking, the case of the prosecution, as culled out from the complaint Ex.P8 made by Paramjit Kaur complainant (herein referred as 'the complainant') are that she was married to Jagminder Singh Sidhu son of Pritpal Singh (accused) on 14.11.1990. Out of the wedlock a daughter was born to them. However, Jagminder Singh died on 4.10.1992. Thereafter, the complainant was married to Manvinder Singh younger brother of Jagminder Singh by Chader Andazi i.e. ceremony prevailing in the Jat Sikhs. Despite the sufficient dowry given at the time of marriage with Manvinder Singh accused, Pritpal Singh and Manvinder Singh were not satisfied and were placing further demands. There was a plot bearing No. 1265, Phase II, Urban Estate, Patiala which was in the name of Jagminder Singh. After his death, the complainant and her daughter were to succeed the said plot. However, the accused fictitiously sold the same to Gurmit Singh for a sum of Rs. 3 lacs and later on executed a forged general power of attorney dated 30.6.1993 purported to have been executed by Jagminder Singh in favour of Gurmit Singh. Manvinder Singh projected himself as Jagminder Singh before the Sub-Registrar while executing the power of attorney, whereas, Sarban Singh Lumberdar and Pritpal Singh appeared as witnesses. On the aforesaid complaint, the case was registered, investigated and accused were challaned.

(3.) The accused were charged under Sections 120-B, 419, 465, 467, 468, 471 IPC, to which they pleaded not guilty and opted to contest.