HARWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition is filed against the judgment/order dtd. 11/1/2019 passed by Lower Appellate Court, Fatehabad, whereby, the appeal filed by the present petitioner was partly allowed; and the conviction of the petitioner under Ss. 420 and 120-B IPC, independently, was set aside, while maintaining the conviction under Ss. 419, 467, 468, 471 and 120-B of IPC, and his sentence was reduced from three years to rigorous imprisonment for a period of two years.

(2.) The FIR in the present case had come into existence on the complaint of one Sunil Kumar, S/o Gujjarmal; in which it was alleged that he was the owner of the property mentioned in the FIR. However, the co-accused of the petitioner, namely, Rajender and Surender; tried to dispossess him of the said property. When the complainant objected then these two accused informed the complainant that they had already got a registered sale deed executed in their name qua the said property. Thereafter, complainant Sunil Kumar got a copy of the sale deed from the record and found that the sale deed qua the said property was executed in favour of Rajender Singh and Surender Singh. The present petitioner Harvinder and one Narender were the witnesses on the sale deed. One Atam Prakash @ Atam impersonated the complainant as the owner of the said property at the time of execution of the said sale deed. Therefore, it was alleged that complainant has been defrauded.

(3.) During the trial, the complainant expired on 30/6/2012, whereas Atam Parkash was tried separately.