GANGA BUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have preferred this revision petition against the judgment of Sessions Judge, Sikar dated 21 -4 -1980 by which .e confirmed the conviction of the petitioners. The Chief Judicial Magistrate, Sikar found the petitioners guilty of the offence under Section 423 IPC and sentenced to each petitioner to one year rigorous imprisonment and the fine of Rs. 500/ -. Against this conviction an appeal was preferred and in the appeal, the learned Sessions Judge maintained their conviction but reduced the sentence to six months rigorous imprisonment and the fine of Rs. 250/ -, in default of payment of fine to further undergo one month simple imprison - ment.

(2.) HEERA s/o Teja who is real brother of petitioners Gana Bux and Kishana lodged a written report on 11 -12 -1970 and sent it to the Superinten - dent of Police, Sikar. In that complaint, he lodged that he owns two plots of land measuring 5 bighas 13, biswas and 8 bighas, 4 biswas. Their Khasra No. are 57 and 49. According to him, Ganga Bux and Kishana petitioners are on inimical terms with him and in view to cause harm and to swallow the land held by Heera got forged a sale -deed in their favour on 13 -3 -1979 and also got it registered with Sub -Registrar, Danta Ram Garh. He came to know of this fact when the sale -deed was produced before the Sub -Divisional Officer in case Ganga Bux v. Heera which was decided on 21 -7 -1970.

(3.) WHILE dealing the case of Gopiram (supra) the principle laid down by Hon'ble Supreme Court in Ram Chandra and Anr. v. State of Uttar Pradash : 1957CriLJ559 and Magan Bihari Lal v. State of Punjab : 1977CriLJ711 were relied upon.