JAVINDER PATWARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present application has been filed under Section 397 read with section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') seeking suspension of the judgment and order of conviction dated 27.03.2017 passed by the Additional Sessions Judge vide which the judgment dated 27.09.2012, acquitting the petitioner along with the co-accused, was reversed and the appellant was sentenced to undergo rigorous imprisonment for a period of 03 years under Sections 419/420- B IPC and 02 years rigorous imprisonment under Sections 464, 471 and 120-B IPC.

(2.) Brief facts of the case are that the petitioner - Javinder Patwari along with 10 other co-accused faced the trial in FIR No.59 dated 14.03.2006 registered under Sections 419, 420, 464, 467, 468, 471, 120-B, 201 of the Indian Penal Code (in short 'IPC') and 9 and 13 of the Prevention of Corruption Act. The allegations in the FIR are that on a letter dated 08.03.2006 issued by the government for registration of the case regarding sale of land measuring 35 kanals 10 marlas situated in village Raipur vide sale deed dated 01.03.2006. It was alleged that one Ramesh Chander, co-accused had sold this land to Tejpal Chauhan by forging and fabricating various documents including the revenue records which was allegedly prepared by the petitioner i.e. the jamabandi for the year 2000-01 showing the said Ramesh Chander to be owner of the land.

(3.) The trial Court after a full length trial, acquitted the applicant/petitioner - Javinder Patwari along with 05 other co-accused. However, co-accused Ramesh @ Ram Manohar and Shamsher were convicted under Sections 471, 419, 464, 420 and 120-B IPC. The operative part of the judgment passed by the trial Court relating the applicant/petitioner is reproduced as under :-