KARTAR CHAND Vs. STATE OF H P

JUDGEMENT

(1.) BY this common judgment, two Criminal Appeals, in which the same judgment, i.e. judgment dated 30th November, 2004, of learned Special Judge, has been assailed, are being disposed of. Two persons have been convicted and sentenced by the learned Special Judge, vide impugned judgment. They have filed separate appeals. So, they are being disposed of by a common judgment.

(2.) CASE of the prosecution may be stated thus. There is a village, by the name of Kohila in Ani Sub Division of Kullu District. Prem Dass, appellant in Criminal Appeal No.580 of 2004, retired as Kanoongo from Revenue Department, in the year 1985. Before being promoted as Kanoongo, he served as Patwari. On account of his being a member of field staff of Revenue Department, he made friends with Kartar Chand, appellant in the second appeal, i.e. Criminal Appeal No.521 of 2004. Appellant Kartar Chand was posted as Patwari in Kohila Mohal, during the period 1988 to 1991. He handed over the charge to PW-16 Ram Sarup. Appellant Prem Dass, who is permanent resident of village Kohila, had land in that village. One piece of land, bearing Khasra No.294, was situated in sub area, known as Bragnidhar. He also jointly owned another chunk of land, bearing Khasra Nos.344, 345 and 346. This was part of sub area, known as Kanda Nullah. Appellant Prem Dass has a son, by the name of Jiwan Singh. Said Jiwan Singh contested election of Predhan of Gram Panchayat, in the year 1995. He was elected. Candidate defeated by him was PW-10 Ram Saran.

(3.) DURING the course of investigation, Latha Ex. P-1 was taken into possession. Apparently, that portion of the Latha, which is depicted as Khasra No.294, is in the form of a patch machine-stitched to the main Latha. Prosecution compared the Latha with original Musabi. It was found that location of Khasra No.294 was away from the location shown in the Latha, by means of a patch. Location of Khasra No.294, as per Musabi, is near Khasra Nos.551 and 552, in the sub area, known as Bragnidhar, while its location in Latha is shown near joint land of appellant Prem Dass bearing Khasra No.346, sub area of which is known as Kanda Nullah.