DES RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) There is a delay of 138 days in filling the petition. After hearing learned counsel for the petitioner, the delay in filling the revision petition is condoned.

(2.) The present criminal revision petition has been filed by Desraj against the judgment dated 15.09.2016 passed by the Additional District and Sessions Judge, Karnal dismissing the criminal appeal filed against the conviction dated 30.09.2015 and order of sentence dated 03.10.2015 passed by the trial Court whereby the petitioner alongwith other accused was sentenced to undergo imprisonment under Sections 419, 420, 467, 468 and 471 read with Section 120-B IPC.

(3.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. On 08.02.2013, PW-1, Kulwant Singh moved a complaint, Ex.PW.1 to the Superintendent of Police, Karnal, which was forwarded to the S.H.O. Police Station, Butana. It was alleged therein that Desraj, Meena, Raj Kumar alias Raju, Nanki Devi, Randhir, Mohan Lal, Prikshit, Arjun, Amit and Ishwar Singh, Lamberdar got registered a forged and fabricated sale deed dated 12.07.2012 (Ex.PW.6/H) of plot No. 119-B, Model Village, Arjaheri. On the basis of the sale deed, they agreed to sell the said plot to the complainant. It was further alleged that on 22.10.2012, accused Desraj etc came to Tehsil office for registration of the sale deed. However, due to technical defect in the computer, the registry could not be done. On 23.10.2012, the accused again came to Tehsil office, received the full sale consideration of Rs. 29,40,250/- and got the sale deed of the property registered in favour of the complainant's wife Santosh Miglani, PW.4. Thereafter, accused Raju, Desraj and Prikshit again visited the house of the complainant at Kurukshetra and offered him to sell plot no.143. On going through the documents, the complainant got suspicious as in the sale deed, area of plot was mentioned as 1250 sq. yards whereas actually area of the plot at site was 833 sq yards. The complainant reported the matter to the police for taking legal action against the accused persons. It was further alleged in the complaint that earlier also accused Raj Kumar, his mother Nanki Devi and uncle Randhir had committed cheating in respect of plot No.4, Village Arjaheri and a criminal case under Section 420 IPC was pending in the trial Court against them. Similarly, accused also sold plot No.129-A for which separate complaint was submitted to the Superintendent of Police, Karnal. On the basis of the above complaint, formal FIR was registered and investigation commenced. Learned counsel for the petitioner accused Desraj and Meena argued that they had been wrongly convicted. It was further submitted that a perusal of document Ex.PW.1/H showed that on behalf of Meena wife of the petitioner, her husband Desraj appeared before the Sub-Registrar as vendee and purchased plot No.119 situated in Village Arjaheri from Jeet Pal Jhanji vide sale deed dated 24.07.2012 which was executed on 23.07.2012. As per the case of the prosecution, accused Arjun Singh impersonated Jeet Pal Jhanji, resident of Chochra, Police Station, Assandh. So far as Meena and Desraj are concerned, they are residents of Village Raipur Roran, Police Station Butana, District Karnal. On behalf of Meena, it was argued that at the time of execution and registration of sale deed, she was not present in the office of the Sub-Registrar.