STATE OF H.P. Vs. KRISHAN KUMAR

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment passed by learned Additional Sessions Judge (II) Kangra at Dharamshala in Criminal Appeal No. 14 -K/X/2005 titled Krishan Kumar Vs. State of HP decided on 22.9.2008.

(2.) BRIEF facts of the case as alleged by prosecution are that deceased Phola Ram has two daughters namely Samrita Devi and Nisha Devi and one widow namely Smt. Kablu Devi. It is further alleged by prosecution that deceased Phola Ram had cordial relations with his wife and daughters during his life time and deceased Phola Ram did not execute any registered Will on dated 3.8.1984. It is further alleged by prosecution that a fictitious Will dated 3.8.1984 was executed by accused Krishan Kumar in order to grab whole property of deceased Phola Ram. It is further alleged by prosecution that accused Krishan Kumar in connivance with Raghu Nath and Harnam Singh fabricated a forged Will. It is further alleged by prosecution that both Raghu Nath and Harnam Singh died. It is further alleged by prosecution that accused signed the Will as an attesting witness and deceased Raghu Nath also signed Will as an attesting witness. It is further alleged by prosecution that a forged Will was executed in order to grab the property of deceased Phola Ram. It is further alleged by prosecution that deceased Phola Ram had also executed a sale deed of his land on dated 8.2.1995 in favour of Nathu Ram. It is further alleged by prosecution that original sale deed was took into possession vide memo Ext. PW14/B. It is further alleged by prosecution that thumb impressions of deceased Phola Ram affixed on memo Ext. PW16/A were sent to State Forensic Science Laboratory HP Shimla for comparison the thumb impression in sale deed dated 8.2.1995. It is further alleged by prosecution that as per opinion of the expert thumb impressions upon the Will and thumb impressions in the sale deed were of different person and were not of deceased Phola Ram. Charge was framed against accused krishan Kumar and co -accused Harnam Singh under Sections 420, 467, 468, 471 and 120 -B of the Indian Penal Code. Accused person did not plead guilty and claimed trial. Accused Harnam Singh died during the pendency of the trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -