CHAUTHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts of the case are that the complainant-Manga Ram submitted a criminal complaint under Sections 420, 465, 466, 467 and 468, I.P.C. read with Section 120-B, I.P.C. against 11 persons allegAgainst order of Addl. Sessions Judge, Sikarin in Cri. Appeal No. 1 of 1992, D/- 12-7-1994. ing therein that the complainant and the accused Nos. 1 to 4 namely, Ramu, Chautu, Sua and Chhotu were the co-sharers in agricultural land bearing Khasra Nos. 231/1, 432/1, 426, 381 and 189 situated in village Sunariya and Dalatpura. Since the complainant-Manga Ram was not keeping the good health, therefore, his all four brothers (accused) were cultivating the land. The complainant, in his complaint, stated that the accused Nos. 2 to 4 were not giving share in the crop also and they started quarrelling with him. Not only this but the accused persons by forging thump impression of the complainant, sold the land by registered sale deed dated 14-7-1982. In the complaint, it is submitted that out of two accused, Jeevan and Kushla, one put his thumb impression representing himself to be the complainant. The complaint was forwarded under Section 156(3), Cr.P.C. to the concerned police station, upon which Case No. 86/1982 was registered. After investigation, the challan was filed against seven accused persons, namely, Chauthu, Chhotu, Sua, Jeewan, Mal Singh, Kushala Ram and Shanker Puri for offences under Sections 465, 466, 467, 419, 420 and 120-B, I.P.C. On 30-11-1984, cognizance against three more persons was taken by the Court. Those were Sohan, Bhag Chand and Madan Lal. Accused Kushal Ram died and proceedings against him was dropped by the trial Court vide order dated 1-9-1988. After hearing the arguments for framing the charge, the trial Court vide order dated 14-12-1988 framed the charges against the above persons except Kushala Ram for offences under Section 468 read with Sections 120-B and 419 read with Section 120-B, I.P.C. only.

(2.) The prosecution produced witness P.W. 1 Balwant Singh, who was Tehsildar at the relevant time when the sale-deed Ex. P. 1 was registered, P. W. 2 Kana Ram s/o complainant-Manga Ram, P. W. 3 Bhagwan Sahai, Clerk in the office of the Sub-Registrar, P.W. 4 Mohan Lai, Deed Writer, P.W. 5 Hanuman Singh, P. W. 6 Magan Singh, P. W. 7 Ganesh, P. W. 8 Amar Singh, P. W. 9 Gheesa Lal and P. W. 10 Banshidhar, Patwari. The accused persons were examined under Section 313, Cr.P.C. The accused persons produced no evidence in defence.

(3.) The trial Court vide judgment dated 14-8-1991 acquitted the accused Sohan Lal, Bhag Chand and Madan Lal from the charge under Sections 468/120-B, 419/120-B, I.P.C. The trial Court also acquitted accused Chautu, Sua, Mal Singh and Shanker Puri from the charge under Section 419/120-B and acquitted Jeewan from the charge of offence under Section 468/120-B, I.P.C.