MUNSHI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS -accused had been convicted for offence under Sections 218/120-B IPC by the Court of Judicial Magistrate, Ist Class, Sirsa vide judgment dated 28.8.1989. They were sentenced to undergo RI for two years and to pay a fine of Rs. 1000/- each, in default of payment for fine, they were to undergo RI for three months. Out of the fine collected, an amount of Rs. 2,000/- was to be paid to Munshi Singh complaintant. Appeal filed by the present petitioners-accused against that judgment was dismissed by the Court of Additional Sessions Judge, Sirsa vide judgment dated 3.10.1989. Bhag Singh petitioner-accused died during the pendency of the appeal.

(2.) MUNSHI Singh complainant had filed a separate revision petition for enhancement of the sentence and for payment of compensation. Munshi Singh also died during the pendency of this petition. Zora Singh his only son filed an application for substitution, which was allowed by this Court.

(3.) AFTER appearance of the accused in the case, witnesses had been examined. It came out that the complainant Munshi Singh had challenged the mutation before the revenue authorities and then also in the civil Court and that mutation was set aside and it was ultimately held that Munshi Singh was the only heir of Wazira. It was duly proved on record that Khem Kaur had already died in the year 1968. It was admitted position that Wazira was unmarried and issueless. If sister of deceased was there, then she could share equally with Munshi Singh but if the sister had died then the brother was the only legal heir as per Class II, entry (ii) of Schedule (Section) 8 of the Hindu Succession Act, 1956.