JOGINDER SINGH Vs. RAMJIT SINGH AND ANOTHER

JUDGEMENT

(1.) This Criminal Revision Petition has been filed for setting aside the judgment of acquittal dated 16.11.2011 passed by learned Additional Sessions Judge, Saheed Bhagat Singh Nagar, whereby the appeal filed by respondent Ramjit Singh was accepted.

(2.) Brief facts of the case are that respondent Ramjit Singh along with Parkash Kaur were summoned to face trial for the offence punishable under Section 420, IPC vide order dated 27.07.2006 on the complaint of petitioner Joginder Singh. It was alleged in the complaint that Ramjit Singh and Parkash Kaur were husband and wife and they owned a house and other property in village Hiyatpur Rurki. They also owned a scooter and were leading a comfortable life.

(3.) They further purchased some land in village Hiyatpur Rurki worth Rs. 6,00,000/-. The date of birth of Ramjit Singh was 01.04.1948 and Parkash Kaur was also of the same age and as such were not entitled for the old age pension. It was further alleged that they had changed dates of birth and suppressed the material facts to get the old-age pension and as such committed the offences punishable under Sections 420, 468 and 471, IPC. In that regard, Joginder Singh filed a complaint before the then Deputy Commissioner on 22.10.2003 along with an affidavit and again filed one more complaint on 26.05.2004 to the effect that accused were receiving pension in illegal manner, but no action was taken. Seeing no other alternative, the complainant filed the complaint before the learned Area Magistrate.