KANWAR SINGH Vs. BAGDAWAT SINGH

JUDGEMENT

(1.) Applicant - Kanwar Singh has filed this application under Section 378(4) Cr.P.C. seeking special leave to appeal.

(2.) Briefly stated, facts of the case are that complainant -Kanwar Singh had filed a criminal complaint for the offences under Sections 406, 419, 420, 467, 468, 471, 506 and 120-B IPC against accused Bagdawat Singh, Bahadur Singh, Mahadev Singh sons of Gahad Singh, Rajender Singh, Bhuraram, Mahender Singh, Chhatar Singh and Jalbir Singh. As per the version of the complainant, Bagdawat Singh, accused had entered into an agreement to sell his agricultural land situated at village Nimbheda, Tehsil and District Mohindergarh with him at the rate of Rs.3 lakhs per acre receiving Rs.7 lakhs as earnest money; the stipulated date for execution of sale deed was fixed as 30.9.2006; despite the fact that the complainant always remained ready and willing to perform his part of contract, the transaction could not be completed since Bagdawat Singh accused backed out of it; later on the complainant came to know that accused Bagdawat Singh in connivance with his real brothers Bahadur Singh and Mahadev Singh, impleaded as accused No.2 and 3 and stamp vendor Jalbir Singh, impleaded as accused No.8 had prepared a false agreement to sell dated 4.4.2006 showing Rs. 11,50,000/- paid by Bahadur Singh accused to Bagdawat Singh accused, whereas third accused Mahadev Singh had become attesting witness and sale deed No.3358 dated 19.12.2006 was executed by accused Bagdawat Singh in favour of accused Bahadur Singh, in that way, the complainant was cheated by the accused; when the complainant confronted accused Nos.l to 4 in that respect, they caught hold of him from neck and gave slap and fist blows; they had been threatening the complainant of dire consequences.

(3.) After recording of preliminary evidence only accused Bagdawat Singh and Bahadur Singh were summoned to face trial for the offences under Sections 406, 420 IPC read with Section 120-B IPC. Accused had appeared. The complainant led pre-charge evidence. Then finding a prima facie case charge for the offences under Sections 120-B, 420/120-B, 406/120-B IPC was framed against the accused. Post charge evidence was recorded. Accused were examined under Section 313 Cr.P.C. in which they denied all the incriminating material appearing against them in the evidence led by complainant and pleaded their innocence. The accused did not lead any evidence in defence.