JAGDISH SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) IN para No. 2 of the complaint Annexure P-1 Baldev Singh, complainant, has alleged as under :

(2.) THE trial Court after recording the statements of the witnesses framed the charges under Sections 419, 471, 467 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the Code'). Jagdish Singh petitioner filed the present petition for quashment of the charge against him on the ground that his name never figured in connection with the forgery of receipt allegedly executed by Sunder Singh and that the simple act on his part of identifying Baldev Singh complainant and Lachhman Singh at the time of sanctioning of mutation before the Assistant Collector would not amount to offence under Section 419 of the Cole, but only under Section 416 of the Code.

(3.) THE mere factum that Balwant Singh and Mohinder Singh accused were discharged and that against them there were similar allegations, is of no consequence because these two accused persons have never appeared before the Assistant Collector while getting the mutation sanctioned on the basis of alleged forged receipt whereas the conduct of Shanker Dass and Jagdish Singh, petitioners, in appearing before the Assistant Collector and getting the mutation sanctioned on the basis of the above-referred receipt provides an oblique indication of Jagdish Singh being in conspiracy with his co-accused Shankar Dass in forging the above referred receipt.