STATE OF H P Vs. CHAIN LAL

JUDGEMENT

(1.) Since, both these appeals arise from a common judgment rendered on 24.07.2008 upon Criminal Appeal No.16 of 2007 and upon Criminal Appeal No. 17 of 2007, hence, they are decided by a common judgment.

(2.) The prosecution story in brief is that a challan has been prepared by SHO, Police Station Sadar Chamba against five accused namely Chain Lal, Chander Gupta, Prittam Singh, Raj Kumar and Rajinder Kumar. The accused Rajinder Kumar died during the proceeding of this case and proceeding against him were dropped. Sub Registrar Chamba has moved an application to SHO Sadar, Chamba regarding fraudulent registration of sale deed. The Sub Registrar has submitted copy of the statements recorded by him regarding fraudulent registration of sale deed alongwith the opinion given by the District Attorney, Chamba and requested the police to register a case against the accused person. The Sub Registrar has obtained the opinion of District Attorney. The Sub Registrar after making an inquiry came to know that someone impersonate Punnu Ram and appeared before him. The case was investigated by SHO Jaram Singh who after completing all codal formalities and on conclusion of the investigation into the offences, allegedly committed by the accused, prepared the challan and filed it in the Court.

(3.) A charge stood put to the accused by the learned trial Court, for theirs committing offences punishable under Sections 420, 120-B, 467, 468 & 471 IPC, to which they pleaded not guilty and claimed trial.