JARMAIL SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) THE present revision petition is directed against the judgment dated 24.05.2013 passed by the Additional Sessions Judge, Amritsar.

(2.) THE facts germane to the issue are; a complaint was filed by Jarmail Singh on 21.01.1999 disclosing that the Panchayat Elections were held in June, 1998. The complainant had filed his nomination papers to contest the election for the post of Sarpanch. However, Charan Singh accused who was the Ex -Sarpanch, recorded a resolution in the resolution book ante dating it, showing an auction of Panchayat land in the name of the complainant and forged his (complainant) signatures on the resolution. The plea of the complainant was that all the accused entered into a criminal conspiracy and prepared a resolution so that the nomination papers of the complainant should be rejected. The complainant pleaded that he had never offered any bid nor he was in possession of any land and the resolution was entered only to deprive him of his right to contest the Elections. The trial Court recorded preliminary evidence and summoned the accused persons under Sections 467, 468, 471, 120 -B IPC. The complainant besides examining himself and his brother also examined a Handwriting Expert.

(3.) THE accused abjured the trial and pleaded not guilty. The trial Magistrate dismissed the complaint as it found that there were general and vague allegations against the accused that they had forged his signatures. It also found that the original resolution was never produced in the Court and the complainant had failed to prove that the resolution was in the handwriting of any of the accused. It had noted that the Handwriting Expert had only compared the signatures of the complainant.