LACHHMI BAI Vs. MALKIAT SINGH

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 02.11.2012 passed by learned Additional Sessions Judge, Ludhiana dismissing appeal filed by the present petitioners-convicts against the judgment of conviction and order of sentence dated 18.03.2008 passed by learned Judicial Magistrate 1st Class, Jagraon in complaint No. 90/1 of 20.03.1996 vide which petitioners-convicts were convicted for the offences under Sections 420, 467, 468 and 471 of Indian Penal Code (for short 'IPC') and sentenced as under:-

(2.) Briefly stated, case of the prosecution is that complainant was owner in possession of land measuring 32 kanals 0 marlas and he was also in possession of land measuring 16 kanals alongwith his brothers for the last so many years. Though Siri Ram son of Khazana Mal was owner of the said land, who expired on 08.11.1976 in England, however, petitioners-convicts in conspiracy with each other got prepared a forged power of attorney and got registered from the office of Sub Registrar, Fazilka by impersonation. On the basis of said forged power of attorney in favour of petitioner-convict Lachhmi Bai, she executed sale deed in favour of her husband and another close relative on 17.04.1995 at Jagraon, just to grab the property in possession of the complainant. Petitioner-convict Kashmir Singh Lamberdar wrongly identified some other person as Siri Ram. Petitioner-convict Satnam Singh also signed the said power of attorney as a witness.

(3.) After recording preliminary evidence of respondent-complainant, petitioners-convicts alongwith co-accused were summoned for facing trial for the offences under Sections 419, 420, 467, 468 and 471 of IPC vide order dated 14.01.1997 passed by Judicial Magistrate 1st Class, Jagraon. Petitioners alongwith co-accused faced trial. Co-accused Sahab Singh and Balwant Singh were acquitted of the charge, whereas the present petitioners were convicted and sentenced by learned trial Court as afore-mentioned. Appeal filed by them against the judgment of conviction and order of sentence was also dismissed by learned appellate Court.