RAMESHWARI BISHNOI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The above titled four revision petitions are directed against the judgment of conviction dated 24.02.2015 and order of sentence dated 25.2.2015 passed by learned Judicial Magistrate Ist Class, Hisar, whereby the petitioner-revisionists were convicted and sentenced as under:- <FRM>JUDGEMENT_99_LAWS(P&H)12_2017_1.html</FRM>

(2.) Facts relevant for the purpose of decision of these revision petitions; that the process of law was set into motion by complainant, Rajender Kumar son of Harakchand alias Harchand, resident of village Landhari, District Hisar (now resident of Jaipur), who moved an application to the police on 16.06.2010 to the effect that he is having ancestral land at village Landhari, his father Harkchand alias Harchand had two brothers namely, Ghansham Dass and Gugan Chand. His father Harakchand alias Harchand died on 27.05.1996; Gugan Chand died on 12.01.2006 and Ghansham Dass died about 40 years ago. However, when he came to village Landhari to look after his land, accused Surender told that he had become owner of the land in question and shown registered sale deed No.6702 (Ex.PW5/B) and 6703 (Ex.PW5/C) respectively and told the complainant that he had no concern with the land. On further inquiry from Tehsil Office, the complainant came to know that accused Sanjay, Luna Ram and Gopal Ram by impersonating Harakchand alias Harchand, Ghansham Dass and Gugan Chand respectively, fraudulently got registered the sale deeds in the name of Rameshwari Bishnoi, petitioner herein. Bhangwan Dass, Panch falsely identified accused No.2 to 4. Accused Surender had sold some share of the land to some other persons namely, Savitri wife of Subhash vide registered sale deed No.7562 dated 04.01.2010. Accused Surjeet, Halqa Patwari had changed the girdawari through rapat Nos.71 & 72 dated 26.03.2010 without giving notice to complainant. On these allegations, the present case under Section 420, 404, 467, 468, 471, 120-B IPC was registered and the matter was investigated and final report was submitted before the trial Court.

(3.) On the basis of trial by way of recording of statements of prosecution witnesses and documentary evidence and considering the defence version, learned trial Judge held the present petitioners namely, Rameshwari Bishnoi, Bhangwan Dass, Rajesh Kumar and Vijay Pal guilty, convicted and sentenced them as detailed above. The appeal filed by the present petitioners was dismissed by learned Additional Sessions Judge, Hisar vide judgment dated 29.07.2017.