SANDHURA SINGH Vs. RICHPAL SINGH

JUDGEMENT

(1.) COMPLAINANT -Sandhura Singh has filed this application under Section 378(3) and 378(4) Cr.P.C. for the grant of Special Leave to Appeal against the judgment of acquittal of respondents No.1 to 5. In a private complaint, all the five accused were tried for the charges levelled against them under Sections 209, 419, 420, 467, 468, 471 and 120 -B IPC. Vide judgment dated 11.4.2013 they have been acquitted from all the charges.

(2.) IT is the case of the complainant that in the month of February 2006, accused No.5 Ram Bhaj who was ASI in Police Station Meyond Kalan, Tehsil Tohana District Fatehabad, obtained his signatures/thumb impression on some blank papers which were later on used in connivance with other accused by scribing an agreement to sale dated 20.2.2006 in favour of accused No. 1 -Richpal Singh. The said agreement was alleged to be witnessed by accused No.3 and 4 Bhola Singh and Pardeep Singh respectively. According to the said agreement, an earnest amount of Rs.20 lac was paid to the complainant and the remaining amount was to be paid on 25.4.2006. It is undisputed fact that the aforesaid complaint was filed by the appellant after institution of suit for specific performance of the said agreement by accused No.1.

(3.) DURING the pendency of the said complaint, the civil suit filed by accused No.1 for specific performance was dismissed, and the said judgment and decree was upheld by the First Appellate Court.