BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dtd. 8/7/2003 passed by learned Additional District & Sessions Judge No. 3, Jodhpur (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 14/2003 by which the Appellate Court modified the conviction and sentence of the petitioners awarded by the learned Judicial Magistrate, First Class, Pipar City in Original Cr. Case No. 242/1992 vide order dtd. 6/8/2001. The details of the conviction and sentence of the petitioners as modified by the learned Appellate Court are as under:--

(2.) Brief facts of the case are that on 9/3/1989, complainant Laxmikant Bohra, Executive Officer, Municipal Board, Pipar City submitted a complaint before the concerned Court to the effect that on raising illegal constructions upon a vacant land by the accused-petitioner No. 1 Babu Lal, a notice was issued to him by the Municipal Board, Pipar. In response to the said notice, petitioner No. 1 submitted an application for seeking permission to raise construction of boundary wall over the disputed land. A copy of patta of the said land in dispute was also filed. On verification, it was found that the said patta as well as power of attorney was prepared fraudulently by the accused-petitioners.

(3.) The said complaint was sent to the concerned Police Station under Sec. 156(3) Cr.P.C. for investigation. On receiving the complaint, Police registered a case against the accused-petitioners for offence under Ss. 420, 467, 468, 471 I.P.C. and started investigation.