GULZARI LAL Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment dated 18.11.2013 passed by learned Additional Sessions Judge, Sirsa, whereby appeal of the petitioner was dismissed, upholding the impugned judgment of acquittal dated 05.02.2010, passed by learned Judicial Magistrate 1st Class, Sirsa, petitioner has approached this Court, by way of instant criminal revision petition.

(2.) Brief facts of the case, as recorded by learned Additional Sessions Judge in para 2 of the impugned judgment, are that complainant Gulzari Lal had filed a complaint under Section 156 (3) Cr.P.C., alleging that complainant was owner and in cultivating possession of the land as detailed in the complaint, situated in village Bani. He along with his brother Mohan Lal, Manphool and Ram Niwas was in cultivating possession of the land in sq. No. 332 Killa No. 8, 13 and 18. They never made any statement before the revenue authorities regarding surrendering the possession of the land, in favour of accused No. 2 to 4 namely Jagdish, Bhim Sain and Sushil Kumar but they by conspiring with each other, accused Ram Partap Patwari entered a forged rapat No. 213 dated 06.03.1995 in favour of accused No. 2 to 4, in order to usurp the land comprising in sq. No. 332 Killa No. 13 (8-10), 18 (8-0) showing that Gulzari Lal complainant and his brother had made a statement before him to the effect that they had surrendered the possession of the land in favour of Bhim Sain, Jagdish and Sushil Kumar. The signatures of Dalip, Manphool and complainant have been shown in English over the said rapat No. 213 dated 06.03.1995 which were forged one. After execution of the said forged rapat, the rapat roznamcha dated 13.03.1995 regarding the abovesaid land and Girdawari Rabi 1995 was entered and changed by accused No. 1 in favour of accused No. 2 to 4 and accused No. 5 Ballaur Singh who was Kanungo at that time, attested the same. The complainant came to know about that wrong act in the month of February, 2001 and on 17.02.2001, he obtained the copies of all the records i.e. khasra girdwari, jamabandi and rapat roznamcha etc. On the basis of which FIR No. 84 dated 07.02.2001 at PS Rania was registered, challan against the accused was presented in the Court.

(3.) The challan having been presented against the accused, copy thereof along with documents attached therewith, was supplied to the accused as required under Section 207 Cr.P.C. A prima facie case was found and accordingly, the accused were charge-sheeted for the offences under Sections 465, 467, 471 read with Section 120-B of the Indian Penal Code ('IPC' for short). Accused pleaded not guilty and claimed trial.