LAXMI NARAIN Vs. CHHITARMAL AND ANOTHER

JUDGEMENT

(1.) The petitioner/complainant, Laxminarayan, being dissatisfied with the order dated 06.12.2001 passed by the Civil Judge [Senior Division] & Chief Judicial Magistrate, Jaipur District Jaipur, whereby he has acquitted the accused/ respondent in Criminal Case No.107/2001 (54/99) registered for offences under Sections 420, 467, 468, 471 and 120-B I.P.C., has approached this Court by way of preferring instant revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973.

(2.) The respondent/accused, namely Chhitarmal, along with his father, Kanaram was sent for the trial. Co-accused, namely Kanaram died during the course of the trial. Briefly stated the facts of the case are that the complainant/petitioner, Laxminarayan [PW-6] presented a complaint on 26.06.1993 in the Court of Judicial Magistrate, Jaipur stating therein that he along with his baba, Laduram was staying in Village Kukas. Laduram was not having any child, therefore, he had adopted the petitioner. It is further stated in the complaint that Baba Laduram got married the petitioner and in the old age also, the petitioner had looked after Laduram. Complainant/petitioner claims himself to be only adopted son and legal heir of Laduram. It is also stated in the complaint that Chhitarmal, Kanaram, Prabhat and Dallaram were having grudge against the petitioner and Laduram and for usurping their property, they hatched conspiracy and had prepared a false Will dated 26.08.1986 purported to be of Laduram.

(3.) The above said complaint was sent to the Police under Sec. 156 (3) Crimial P.C. and First Information Report bearing No.124/1993 was registered.