SUBASH CHANDER Vs. HANS RAJ

JUDGEMENT

(1.) The petitioner has preferred this petition being aggrieved of the judgment dated 13.7.2016, passed by Additional Sessions Judge, Gurdaspur, vide which the appeal filed by him, challenging the judgment of conviction and order of sentence dated 25.2.2014, passed by Additional Chief Judicial Magistrate, Gurdaspur in criminal complaint No. 146 of 28.5.2008 filed by respondent No. 1-Hans Raj under Sections 420, 467, 468, 471, 120-B IPC, was dismissed.

(2.) The brief facts of the present case are that the complaint in question was filed by respondent No. 1-Hans Raj against petitioner-Subash Chander and accused Harwant Singh, Girdawar, alleging therein that an application for partition of land titled 'Daulat Ram versus Hans Raj' was decided by Tehsildar-cum-Assistant Collector, Ist Grade Gurdaspur, vide order dated 22.9.2004. Accused Harwant Singh was to execute warrants to deliver the possession to the complainant, as per order of partition but on 10.5.2006, the petitioner produced a copy of revision dated 5.3.2006 to Harwant Singh, Girdawar, when he along with Rattan Lal, Patwari Halqa, had come to deliver possession of the land to respondent No. 1-complainant in compliance with the order of Tehsildar-cum-Assistant Collector, First Grade and, therefore, proceedings qua delivery of possession were stopped. Later, the complainant enquired about the filing and pendency of the alleged revision petition from the office of Commissioner, Jalandhar Division, Jalandhar and it had transpired that no such revision was filed by the petitioner and, thus, it was alleged that the petitioner had prepared forged and fabricated documents in connivance with Harwant Singh and committed fraud not only with the complainant, but also with the Revenue Courts.

(3.) In preliminary evidence, the complainant had examined four witnesses, including himself.