STATE OF HP Vs. CHARAN DASS

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 16.05.2000, passed by the learned Judicial Magistrate 1st Class, Court No. II, Amb, District Una, in case No. 122-1 of 1994, convicting Kishan Chand, Punya Devi, Bal Krishan and Hoshiar Singh under Sections 419, 420, 423, 467 of the Indian Penal Code and Section 82 of the Indian Registration Act and acquitting the accused-respondents Charan Dass, Panjab Devi and Kamla Devi under the aforesaid sections. Whether reporters of Local Papers may be allowed to see the judgment?

(2.) The prosecution case is that complainant Satya Devi filed a complaint for alleged involvement of the accused persons in the aforesaid offences alleging that she is daughter of late Shri Karam Singh, s/o Mahan Singh, r/o Village Nangal Jarialan, Tehsil Amb, District Una, H.P. and she is married with Ran Singh, s/o Sant Ram, r/ o Village Talpa, Tehsil Dehra, District Kangra, H.P. and at the relevant time, she was residing in her in-laws' house with her husband. Complainant was educated up to middle standard and she used to sign in Hindi and never puts her thumb impression on any documents. The complainant that she succeeded to the estate of her deceased father, Shri Karam Singh, alongwith her sister and mother in village Nangal Jarialan, Harwal, Amboa, Tehsil Amb, District Una, H.P., she alongwith her mother, sister, Charan Dass and Hoshiar Singh are co-sharers in possession alongwith other co-sharers in Khewats No. 533 min, 59, 150, 151, respectively, in the aforesaid village. Satya Devi, complainant, on 18.08.1992, came to village Nangal Jarlian alongwith her husband and was surprised to know that Charan Dass and Hoshiar Singh were proclaiming that they have transferred the share of the complainant in the aforesaid villages in their favour. On suspicion, complainant alongwith her husband and uncle came to Amb and made inquiries in the matter in the office of Sub Registrar Amb. She also applied for certified copies of the documents fraudulently got registered by the accused persons. Complainant also noticed that the accused persons with an intention and knowledge to cause wrongful loss, damage and to grab the property and rights of the complainant, fraudulently connived and conspired together and got substituted another person in place of the complainant, got scribed / executed and got registered three release deed in the name of the complainant bearing registration No. 552, 553 and 554, dated 22.05.1992 in favour of Charan Dass and Hoshiar Singh, by presenting and putting thumb impression alleged to be of the complainant. On such complaint, FIR, Ex. PW-6/A was registered and after investigation, accused- respondents were charged and tried for the aforesaid by the Judicial Magistrate 1st Class, Court No. II, Amb, District Una, H.P.

(3.) In order to prove its case, prosecution examined as many as eleven witnesses, whereas, accused through their statements under Section 313 Cr.P.C. denied the prosecution case and have examined DW-1, S.D. Sharma, as defence witness.