DHARAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed by Dharam Singh son of Budh and Chander son of Dayala against judgment dated 3.10.2000 passed by the Additional Sessions Judge. Sonepat, whereby he dismissed the appeal and up-held the judgment dated 25.8.1999 and order dated 26.8.1999 passed by Judicial Magistrate 1st Class, Sonepat, vide which he had convicted the petitioners along- with Suraj Mal under Sections 419, 420, 468, 471 I.P.C. and sentenced vide order dated 26.8.1999 to undergo R.I. for six months and it fine of Rs 2(X)/- each tinder Section 410 I.P.C. to undergo R.I. for a period of two )cars and a line of Rs. 300/- each under Section 420 I.P.C. to undergo R.I. for two years and a fine of Rs. 300/- each for the offence under Section 468 I.P.C. and to undergo R.I. fora period of two years with fine of Rs. 200/- each under Section 471 I.P.C. In default of payment of fine, the defaulter was further sentenced to undergo R I. for three months. However, all the substantive sentences were ordered to run concurrently.

(2.) Briefly stated, the facts are that on 23.2. Prabhu son of Kheema made a complaint in Police Station through S.P. Sonepat. He stated that he was owner of 1/2 share of land comprised in Rect. No. 28 Killa Nos. 13/1, 13/2, 14/1 and remaining half portion of the land was owned and possessed by his brother, Lakhmi. He further stated that his son Suraj Mal was mischievous person and he transferred his land fraudulently by executing a mortgage deed which was identified by Dharam Pal, petitioner as Lambardar. In that mortgage deed, one chander son of Daryala, petitioner. impersonated as Prabhu at the time of execution of the mortgage deed. It was also stated that on the basis of that forged registered mortgage deed, Suraj Mal wanted to raise a loan from the Land Mortgage Bank. Thus, they had conspired together to raise a loan from the Bank.

(3.) On the basis of the complaint of Prabhu, case was registered. The statements of the witnesses were recorded. Copy of the mortgage deed and other documents were taken into possession. The specimen thumb impressions of the petitioners and other co-accused Surat Mal were obtained in the presence of Magistrate and the original mortgage deed alongwith specimen thumb impressions were sent to I..S.L.. Madhuban for comparison. After receipt of the report from the Director, F.S.L. and on completion of the proceedings, the challan was forwarded to the Court.