BABU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 28/2/2006 passed in Criminal Appeal No. 88/2005 by learned Sessions Judge, Sri Ganganagar (hereinafter referred to as Rs.the Appellate Court') by which the Appellate Court while dismissing the petitioner's appeal, upheld the judgment dtd. 25/5/2005 passed in Criminal Case No. 401/1997 by learned Additional Chief Judicial Magistrate, Sri Ganganagar (hereinafter referred to as Rs.the Trial Court') whereby, the learned Trial Court convicted the present petitioner for offence under Sec. 420 of I.P.C. and sentenced him to undergo two years' S.I. and imposed a fine of Rs.

(2.) ,000/- and in default of payment of fine, to further undergo three months S.I. 2. Brief facts of the case are that on 5/6/1997, a written complaint was lodged by complainant in the Court of Additional Chief Judicial Magistrate stating that the accused-persons Babu Singh and Bhag Singh entered into an agreement of selling their agricultural land bearing Muraba No. 31 situated at 18 NL measuring one bigha to the complainant for Rs.80,000.00. It was alleged that the said agreement was executed in favour of the complainant on 10/7/1996 and a payment of Rs.60,000.00 was made to the accused-petitioner and it was agreed that the remaining amount would be transferred at the time of registry of the said land. Despite having knowledge that the said land was not registered in their name, the accused-petitioner executed a sale-deed with the intention of defrauding the complainant. Upon the aforesaid information, an F.I.R. was registered and after usual investigation, charge-sheet came to be submitted against the petitioner in the Court concerned.

(3.) On completion of investigation, the Police filed charge-sheet before the concerned Court. Thereafter, the Trial Court framed the charges for offence under Sec. 420 of I.P.C. Learned Trial Court took cognizance of the said offence and charges were framed against the accused persons who pleaded not guilty and claimed trial.