RAM KARAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THREE criminal revisions had been filed against the judgment dated 18.01.2006 vide which the appeals filed by the petitioners against the judgment and order of conviction and sentence dated 25.07.2000 and 26.07.2000, had been dismissed and their conviction and sentence had been maintained.

(2.) A narration of the facts as they unfold. Smt. Santosh had levelled allegations of cheating and forgery by accused Ram Karan and Ravinder sons of Sultan Singh in connivance with the revenue officials in her complaint. Her husband had purchased land measuring 55 kanals 07 marlas situated in village Nathera from Sultan Singh for Rs. 84000/ - on 08.08.1994 and mutation No. 954 was sanctioned. Entry was also made in their field book which is handed over to the owner after mutation. Sultan's sons filed a pre -emption suit and challenged the sale -deed. The suit was dismissed on 11.03.1986. The appeal was also dismissed on 27.09.1986. To defeat the right, Sultan's sons filed a collusive suit against Sultan, which came to be decreed on 09.03.1991 and they succeeded in getting mutation No. 1156 dated 23.06.1995 entered in their favour. On the basis of aforesaid mutation, both the accused with a view to encumber the property, mortgaged the land with State Bank of India, Jatusana Branch. The complainant's husband meanwhile died on 14.01.1998. Neither the complainant or her husband were aware of the developments. The complainant approached the revenue authorities for getting the mutation of inheritance in her favour after the death of her husband, when the fraud was discovered. The police did not take any action on her complaint.

(3.) DURING investigation, it was found that accused Dilbagh Singh Patwari had made remarks about the mortgage of the land with Land Mortgage Bank for Rs. 22,510/ - and about revision/ review of mutation No. 954 in the jamabandi for the year 1986 -87, but while preparing jamabandi for the year 1992 - 93 he intentionally omitted the said remarks and also failed to mention about the sale of land in the report dated 11.01.1990. On the basis of jamabandi for the year 1992 -93, Ravinder and Ram Karan filed the suit and fraudulently obtained collusive decree in their favour and got the land mutated in their favour vide mutation No. 1150 dated 29.06.1995.