KHAJAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This criminal revision is directed against the judgment of acquittal dated 13.8.2009 passed by the Additional Chief Judicial Magistrate, Karnal in FIR case No.244 dated 25.7.2001 under sections 419,420,467,468,471 IPC, Police Station Civil Lines, Karnal.

(2.) Brief facts, as culled out from the trial Court judgment, are that Khazan Singh (petitioner herein) filed a written complaint which was received in the Police Station on 25.7.2001 alleging that seven persons including the complainant had purchased 57 kanals 19 Marlas of land from Ram Kishan vide registered sale deed dated 27.6.1978. The names of purchasers were Inder Singh, Sheo Ram, Sant Ram, Singh Ram, Dhani Ram, Amar Singh and Siri Ram.

(3.) Complainant Khazan Singh took the portion of Siri Ram by way of a decree. Thereafter, Inder Singh, Sant Ram, Sheo Ram, Amar Singh, legal heirs of Singh Ram, Gian Singh, Phool Singh and Dalel Singh instituted Civil Suit No.648 of 1990 against Ram Kishan without impleading the complainant and Dhani Ram. In the said suit, the defendant Ram Kishan admitted the claim of the plaintiffs and judgment and decree were accordingly passed. Phool Singh and Dalel Singh were also party to the said suit. Both of them had filed affidavits and made statements before the Sessions Court that they were not party to the decree. Inder Singh and Amar Singh also claimed that they were not party to the same. Thus, the complainant alleged that since he and Dhani Ram who were also vendee in the sale deed, were not joined as party to Civil Suit No.648 of 1990, it amounted to cheating and forgery.Resultantly, an FIR was registered.