V.P.SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three aforesaid criminal revisions arise out of one and the same judgment dated 25.11.1998 passed by 3rd Additional Sessions Judge, Munger in Cri.Appeal No. 31 of 1995 thereby and thereunder the learned Additional Sessions Judge has confirmed the judgment dated 29.5.1995 passed by Sri V.P. Sirvastava, Judicial Magistrate 1st Class, Munger in Complaint Case No. 87C/89. The learned Judicial Magistrate has convicted all the petitioners under Sections 419, 468/34 of the I.P.C. and sentenced them to undergo S.I. for three years each under both the Sections with direction to run both the sentences concurrently.

(2.) THE prosecution case in short is that on 28.8.1986, all the petitioners in connivance and collusion to each other get a forged and fabricated sale deed executed in respect of certain lands of the father of the complainant, namely, Sheo Kumar Sah by impersonating him. Petitioners Rajendra Sah. Singheshwar Sah and Chandramani Sah (not petitioner) got the sale deed in question executed in their names. Petitioner, Shailendra Kumar stood as identifier of the executant Sheo Kumar Sah and petitioners Sita Ram Paswan and Vokil Paswan stood as witnesses of the deed. Petitioner Parmanand Singh scribed the sale deed (ext. 3). The complainant got knowledge of about the fraudulent execution of the sale deed on 24.8.1989 and thereafter, he obtained the certified copy of the sale deed from registry office and after consultation with the father, Sheo Kumar Sah, who was in Assam in service lodged complaint case against all the petitioners and Chandramani Sah under the above Sections of the I.P.C.

(3.) THE petitioners preferred appeal before the Sessions Judge which were heard by 3rd Additional Sessions Judge, who dismissed the same and confirmed the judgment of conviction and sentence passed by the Judicial Magistrate.