STATE OF PUNJAB Vs. BACHITTAR SINGH AND ANOTHER

JUDGEMENT

(1.) This is an appeal directed by the State of Punjab against the judgment dated 23.12.2000 passed by Sh. Ranjit Kumar, PCS, Judicial Magistrate Ist Class, Mansa, vide which both the accused have been acquitted by giving them benefit of doubt.

(2.) Briefly stated, the facts of the case are that Iqbal Singh s/o Jagjit Singh r/o House No. 153/17 Mohalla Kharadia, District Kaithal, filed an application before the District Magistrate, Mansa to the effect that Munshi Singh s/o Jai Ram r/o village Kasampur Chhina, Tehsil Budhlada, District Mansa has produced some other persons in place of Iqbal Singh for procuring decree. Regarding this matter inquiry was conducted by SDO (Civil) Budhlada. As per the enquiry report, Munshi Singh s/o Jai Ram r/o village Kasampur Chhina had procured decree by producing some other persons for purpose of wrong statement. It was further stated that the complainant had also written to the Senior Superintendent of Police that there may be gang who is grabbing the land. The enquiry report was also sent by the complainant, in which Sh. Ajaib Singh, SDO (Civil) had mentioned that Iqbal singh s/o Jagjit Singh had alleged that Munshi Singh s/o Jai Ram r/o Kasampur Chhina had filed a suit No. 691 on 11.11.1991, which was wrong suit. Said Munshi Singh had produced some other persons in place of complainant Iqbal Singh who made wrong statement in the Court. In the same way, Munshi Singh had produced some other lady in place of Surinder Kaur @ Kartar Kaur when said Surinder Kaur @ Kartar Kaur had died on 13.6.1985. In this way, Munshi Singh had procured decree against mother, brothers and sisters of the complainant. Iqbal Singh had given affidavit in support of his allegations. SDO (Civil) summoned Iqbal Singh accused, Ghamand Singh, Lamberdar of village Kasampur Chhina, Baldev Singh s/o Jagjit Singh r/o Jalandhar, upon which Iqbal Singh made the statement on 26.6.1992 that he owns land in village Kasampur Chhina, Munshi Singh by filing a civil suit on 11.11.1991 had procured decree against him, his mother Surinder Kaur @ Kartar Kaur and Gurcharan Singh, Baldev Singh, Gurdarshan Kaur, Devinder Kaur by producing some other persons. It was further stated that brothers and sisters of complainant Iqbal Singh had not appeared in the Court. The complainant had also produced death certificate of his mother showing her death on 13.6.1985. Baldev Singh s/o Jagjit Singh r/o village Jalandhar also got recorded his statement dated 7.7.1992. He has stated that he never appeared in the Court for making statement and his mother Surinder Kaur @ Kartar Kaur had died in 1985. He also made the statement that he is power of attorney of his sisters Gurdarshan Kaur, Devinder Kaur and brother Gurcharan Singh. Lamberdar Ghamand Singh of village Kasampur Chhina had also stated that Munshi Singh has procured decree by producing wrong persons. Sampuran Singh Ex Sarpanch, Hakam Singh s/o Chanan Singh, Gurdev Singh s/o Sarwan Singh, Sukhdev Singh s/o Sarwan Singh, all residents of village Kasampur Chhina had also made joint statement that Munshi Singh s/o Jai Ram had produced some other persons for procuring decree and SDO (Civil) Sh. Ajaib Singh gave his report that Munshi Singh s/o Jai Ram r/o Kasampur Chhina had procured decree on the basis of wrong statement and he recommended legal action against said Munshi Singh. Upon this case was registered against the accused. After completion of the investigation, challan was presented against the accused.

(3.) Copies of the documents relied upon by the prosecution were supplied to the accused free of costs .