DHARI RAM Vs. PARTAP SINGH AND ORS.

JUDGEMENT

(1.) Being aggrieved, the complainant -Dhari Ram has preferred the present appeal against the impugned judgment dated 06.05.2014 acquitting respondent -Partap Singh, for the offence under Sec. 420, 467, 468, 471 read with Sec. 34 IPC. Alongwith the appeal an application seeking condonation of 29 days delay in filing the appeal has also been filed. Due to typographical mistake in the impugned judgment Sec. 468 IPC has been mentioned as Sec. 467 IPC while holding that the complainant had failed to prove the offence under Sec. 467 IPC.

(2.) Brief facts of the case, relevant for decision of this appeal are that complainant -appellant -Dhari Ram filed a complaint against the respondent -Partap Singh and two others namely Nirmal Singh and Gurvel Singh sons of Mohinder Singh residents of Village Pandori Sidhwan, Tehsil Tarn Taran, District Amritsar, for the offences under Ss. 420, 467, 468, 471 read with Sec. 34 IPC. It was alleged by the complainant that one sale deed dated 06.12.1990 and three sale deeds dated 11.03.1991 were allegedly executed by him in favour of the accused in respect of his land situated in village Pandori Sidhwan, Tehsil Tarn Taran, Distt. Amritsar. These were the result of duress and threat, at gun point by Sukhdev Singh Chabba, a known terrorist of Babbar Khalsa and real maternal uncle of accused, who came at the shop/clinic of the complainant and by illegally detaining him, got executed the same without any consideration. The suit challenging the said sale deeds was also pending in the Civil Court, in which the complainant had summoned the Clerk of Punjab State Electricity Board to prove that the electricity connection bearing account number GREC -37 stood in his name. Accordingly, Ram Sunder, Clerk of the said Electricity Board appeared in Court and deposited the file of the said electricity connection. On its perusal, however, the complainant came to know that the aforesaid electricity connection in fact had wrongly been transferred in the name of respondent -Partap Singh on the basis of a false affidavit allegedly signed by him, though, he never signed any such document. Hence, the aforesaid affidavit was a result of fraud. In fact, all the accused in connivance with each other prepared a false affidavit, knowing fully well, the same to be false. Not only this, they also got the aforesaid affidavit attested by producing some other person in his place, before the Executive Magistrate, Jhabal Kalan, District Amritsar and thus were liable to be tried and punished under Sec. 420,467, 468 471 read with Sec. 34 IPC.

(3.) Complainant -appellant in support of his above complaint examined CW -1 Vikram Devgan, Clerk in the Court of Sh. A.S. Grewal, Civil Judge (Sr. Divn.) Amritsar, Sukhjinder Singh, Handwriting and Finger Print Expert as CW -2 and himself as CW -3, in his preliminary evidence.