GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is about 80 years of age, has filed the present revision petition against the judgment dated 28.10.2015 passed by learned Additional Sessions Judge, Ferozepur, whereby his appeal against the judgment of conviction and order of sentence dated 13.5.2015 passed by learned Sub-Divisional Judicial Magistrate, Guruharsahai, was dismissed.

(2.) Learned Magistrate vide judgment dated 13.5.2015 held the petitioner guilty for offence under Section 420 IPC and vide separate order of that date, sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/-.

(3.) Briefly stated, FIR No.157 dated 17.9.2010 under Section 420 IPC was registered against the petitioner at Police Station Guruharsahai on the complaint filed by Joginder Singh. It is the case of the prosecution that the petitioner-accused was owner of land measuring 16 Kanals falling in Rectangle No.158, Killa Nos.1 and 2. He had sold the same to the complainant vide sale deed dated 15.1.2003. The possession of said land was also delivered by the petitioner to the complainant. However, on 27.5.2004, the petitioner sold land measuring 8 Kanals to one Satpal out of Rectangle No.158 Killa No.2. At the time of subsequent sale dated 27.5.2004, he was not the owner of that land. In this way, the petitioner cheated the complainant.