SANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BRIEF facts giving rise to this revision petition are that Mst. Channo widow of Har Sahai was owner of 22 Kanals 5 Marlas of agricultural land at village Baniawal. The land had been allotted to her by the Rehabilitation Department. The petitioners Sant Singh and Surinder Singh are alleged to have obtained a sale deed dated 25th April, 1974 in their favour by putting forward some other lady personating as Mst. Channo. When this fact, came to the notice of Mst. Channo, she instituted a suit in the Court of Sub Judge First Class, Jagraon for a declaration that she was owner of the land in question and she had not sold the same in favour of Sant Singh and Surinder Singh. The suit was dismissed by the Sub Judge but the judgment and decree were reversed by the learned Additional District Judge, Ludhiana, by order dated 29th October, 1978. An application under section 340 of the Code of Criminal Procedure was made in the Court of learned Additional District Judge for prosecution of Sant Singh and Surinder Singh. It may be added that R.S.A. No. 2153 of 1978 against the judgment of Shri Amarbir Singh Gill, A.D.J. has since been dismissed by this Court by order dated 10th December, 1990. The application under section 340 Cr. P.C. was allowed and Shri R.P. Gaind, who had in the meanwhile succeeded Shri Amarbir Singh Gill as Additional District Judge, filed a complaint against the petitioners for offence under sections 193, 195, 467, 468 and 471 read with section 34 IPC. At the trial the prosecution examined Shri R P. Gaind PW-1 Additional District Judge who had allowed the application under section 340 of the Cr. P.C. and had lodged the complaint. Kewal Ram PW-4 who had prepared the original allotment letter Exhibit P-1 on the basis of the record of the Rehabilitation Department, photostat copy whereof was placed on record is Exhibit P-9 and Bhagat Ram PW-5 who had prepared the copy of the allotment letter Exhibit D-1 supplied to the petitioners. He stated that the copy prepared by him and compared by Ram Piara Clerk has in favour of Channo widow of Har Sahai in accordance with the original record and it was not in favour of Jiwni widow of Har Sahai. Shri R.C. Sharma PW-8, Sub-Judge-cum Judicial Magistrate stated that he had recorded the statement of Sant Singh in civil suit Channo v. Sant Singh etc. on 27-3-1978. Sant Singh had in the said statement produced, the allotment letter,photostat copy of which was Exhibit P.S. The statement had been read over to Sant Singh and he had admitted the same to be correct and thereafter the statement was signed by Mr. Sharma. Smt. Channo appeared as PW-9.

(2.) THE plea of the accused was one of denial. They produced copy of Jamabandi Exhibit DA and DB in defence.

(3.) IT was pointed out by Shri R.S. Ghai, learned counsel for the petitioners at the outset that both the petitioners along with two other persons had been prosecuted in case F.I.R. No. 239 of 1975, Police Station Jagraon, under sections 420, 419, 468 and 421 IPC relating to the alleged obtaining of sale deed dated 25-4-1974 by putting forward some other lady instead of the real owner Mst. Channo widow of Har Sahai, Judicial Magistrate Ist Class by order dated 8-9-1979 acquitted all the accused including the petitioners. The petitioners could not, therefore, be tried again.