HARDIAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THESE two connected criminal revision petitions are being decided together by this common order, as both revision petitions are directed against the same impugned judgment. However, for the facility of reference, facts are being culled out from CRR -3305 -2010.

(2.) BRIEF facts of the case, as recorded by the learned Additional Sessions Judge in para 2 of the impugned judgment dated 11.01.2010, are that on 10.06.2001, SI Sukhdev Singh along with police party of Police Station, Budhlada, was present near Bus Stand, Budhlala. Complainant Hardial Singh got recorded his statement Ex.PW5/A, whereby he reported that he was resident of Village Kulrian. He owned 17 killas of land. His father and sisters owned 20 killas of land. He was in possession of entire 37 killas of land. He was doing cultivation. In May, 2000, he purchased his tractor Farmtrac in place of his old tractor and he purchased this tractor through Paramjit Singh, who was working as Salesman with Kissan Tractor Dealers, Branch Bareta. He purchased this tractor after hypothecating his land with Punjab National Bank, Kulrian and after obtaining loan. At that time, copies of Jamabandi, Khasra Girdawaris were procured by Paramjit Singh from the Revenue Patwari of area Kulrian. He also accompanied him. He purchased this tractor mark Farmtrac after getting loan sanctioned and he was in possession of the tractor. He was in the habit of consuming liquor. It was his bad habit and weakness. Paramjit Singh used to arrange liquor from complainant and serve it to the complainant. He took advantage of illiteracy of the complainant and obtained copy of Jamabandi for his excess land. He also got obtained thumb - impressions of the complainant on forms of Land Mortgage Bank, Budhlala. He got sanctioned a loan of Rs. 3,85,000/ - in the name of complainant from Land Mortgage Bank, Budhlada by fraud. He also arranged bill for Rs. 3,20,000/ - for new Sonalika tractor and got issued cheque to Ballam Singh after obtaining one bill from M/s. Kissan Automobiles, Budhlada. He also procured two bills for new trailor and two sets of cultivators, other agricultural implements by obtaining bills from Karnal Agriculture Works, Budhlada for Rs. 65,000/ - and got issued cheque for Rs. 65,000/ - and delivered to Hardial Singh. The complainant alleged that he had neither purchased new Sonalika tractor nor purchased the trolley and cultivators. Complainant came to know about this fact when he received letter from Land Mortgage Bank, Budhlada demanding payment of installments. He made inquiry from the appellants and consulted the file. It surfaced that at the time of getting loan for Farmtrac Tractor, Paramjit Singh (appellant) got obtained his thumb impressions on other forms. He has played fraud with the complainant. Ballam Singh and Hardial (appellants) were also in hand with him. Complainant also came to know that Paramjit Singh after purchased tractor on the basis of abovesaid documents, further sold it.

(3.) IN order to substantiate the allegations levelled against the accused, the prosecution produced as many as 13 PWs, besides producing other relevant documentary evidence on record. On conclusion of the prosecution evidence, statements of the accused were recorded under Section 313 Cr.P.C. All the incriminating material brought on record, was put to the accused who denied the prosecution version, pleaded false implication and claimed complete innocence. However, no evidence was led by the accused in their defence.