CHATAR PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) F.I.R. No. 473 dated 9.5.2002 under sections 420/467/468/473 IPC was registered against the petitioners at Police Station City Ballabgarh District Faridabad, on the basis of a complaint forwarded by the S.D.M. Ballabgarh to the then District Magistrate, Faridabad, stating that one Balbir Singh son of Durga Parshad resident of village Kaurali had moved a complaint alleging that the accused petitioners had got registered a mortgage deed No. 3481 dated 11.10.1999 fraudulently on the basis of some forged documents. An inquiry was conducted by the then S.D.M. Ballabgarh and it was revealed in the aforesaid inquiry that jamabandi for the year 1997-98 was forged by the petitioners showing their title over the land comprised in Rect No. 18 Killa Nos. 3,4,7 and 8 in the agricultural land situated within the revenue estate of village Kaurali and on the basis there of one of them had executed a mortgage deed for obtaining a loan of Rs. 50,000/- from the Land Mortgage Bank, Ballabgarh and the other witnesses had witnessed the said mortgage. However, at the asking of the manager of the concerned bank to get the mutation sanctioned on the basis of of the mortgage deed in favour of the bank before disbursing of the loan amount when the aforesaid forged jamabandi and mortgage deed were presented by the petitioners before the Halga Patwari on 30.7.2001. It was revealed that the aforesaid jamabandi was a forged document and the signature of the concerned Patwari was forged on the same. The numbers of the land as shwon in the aforesaid jamabandi for the year 1997-98 (Rect No. 18, Killa Nos. 3,4,7 and 8) had never been in existence, nor the same were owned by the proposed loaness i.e. Petitioners and as such it was concluded by the then SDM Ballabgarh in the aforesaid inquiry that the petitioners who are the real brothers had got prepared and registered docrged documents i.e. Jamabandi for the year 1997-98 and mortgage deed No. 3481 dated 11.10.1999 in favour of the Land Mortgage Bank to borrow a sum of Rs. 50,000/- against the land which was never in existence in record in their names. Since the aforesaid forgery was revealed to the aforesaid authorities, the loan of Rs. 50,000/- was not disbursed to the loanees by the concerned bank. Thus, on the basis of the aforesaid recommendations of the then SDM Ballabgarh,the District Magistrate Faridabad directed to get a case registered against the petitioners.

(2.) After investigation, statements of the witnesses under section 161 Cr.P.C. Were recorded, accused were arrested. During investigation the speciment signatures of Bhudev Singh the then Halga Patwari were obtained and same were got compared through FSL, Madhuban with the disputed/questioned signature of Shri Bhudev Singh Patwari as appended on the jamabandi for the year 1997-98 on the basis of which the accused had got registered a mortgage deed for obtaining a loana of Rs. 50,000/-. After investigation complaint was presented to the Court. On the perusal of the file a prima facie case for the commission of offence punishable under sections 420/467/468 IPC was made out against the petitioners and they were accordingly charge sheeted by Judicial Magistrate Ist Class, Faridabad vide order dated 8.7.2005 to which they pleaded not guilty and claimed trial. Statements of the accused were recorded under sectgion 313 Cr.P.C whereby they pleaded their innocence and false implication. In their defence the petitioners tendered a copy of the judgment dated 20.11.2009 passed by the Court of Mrs.Rachna Gupta, JMIC, Faridabad in case FIR No. 18/99 under section 423 IPC, Police Station City Ballabgarh titled as State v. Balbir Singh Ex.DX to show their rivalry with Balbir Singh. Thereafter the petitioners closed their defence evidence. After considering the evidence on record, the trial Court came to the conclusion that the petitioners had forged the jamabandi for the year 1997-98 Ex.PZ by showing themselves as owners of the agricultural land comprised in Rect No. 18, Killa No. s.3,4 7 and 8 situated with the revenue estate of village Kaurali whereas the aforesaid killa numbers had never been in existence in the village concerned and got registered a mortgasg geed No. 3481 dated 11.10.1999 Ex.PW4/A, showing that they had mortgaged the aforesaid land in favour of the Land Mortgage Bank to get a loan of Rs. 50,000/-. The aforesaid documents were delivered by the petitioners to the bank authorities at the time of applying loan in question and as such the accused persons were fully aware that the aforesaid documents were false and held both the petitioners guilty for the offences punishable under sections 420/511 and 467/468 read with section 34 IPC and senteced as under-

(3.) The appeal filed by the petitioners against the aforesaid judgment of the trial Court was also dismissed by the Additional Sessions Judge, Faridabad vide judgment dated 14.2.2012 while upholding the judgment of the trial Court, the Additional Sessions Judge, Faridabad further observed that the sentences awarded to the petitioners was already on the lower side. The instant petition has been filed by the petitioners challenging the impugned judgments.