STATE OF RAJASTHAN Vs. KARMA & ORS

JUDGEMENT

(1.) This revision has been preferred by the State of Rajasthan assailing the order dated 15.09.2001 passed by learned Special Judge, Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act Cases, Ajmer in Sessions Case No. 129/2000 whereby respondents Karma, Rama, Chottu, Sohan and Bhannu and one more person Shanker were discharged from the offences under Section 467, 468, 471, 420, 419, 120B IPC and Section 3(1)(4) of the Scheduled Castes & Scheduled Tribe (Prevention of Atrocities) Act.

(2.) Respondent No. 2 Rama, respondent No. 3 Chottu and respondent No. 5 Bhannu have died during pendency of this case.

(3.) Learned Public Prosecutor Shri V.S. Godara submits that respondents Rama, Chottu, Shankar and Mewa submitted a sale-deed signed by them for registration before Sub-Registrar, Nasirabad (Ajmer) on 23.06.1999 whereby they wanted to sell their land situated in village Bagsuri admeasuring 2 Bighas and 17 Bishwas for consideration of Rs. 30,000/- in favour of respondent Karma by mentioning caste of Karma as Meena (Scheduled Tribe) whereas, in fact, he was of General Caste. Sub- Registrar refused to register the document as no land can be sold out by a member of Scheduled Tribe to a person other than Scheduled Tribe. Sub-Registrar also recorded statement of Karma wherein he accepted that he belongs to caste Rawat and he is not Meena by caste. He also admitted in his statement that the deal was finalised for consideration of Rs. 60,000/-. Thereafter, Sub-Registrar, Nasirabad lodged an FIR before SHO, Police Station Nasirabad stating inter alia that respondent tried to fabricate a false document and also tried to cheat the State Government. On this, formal FIR No. 2/2000 was registered at Police Station Nasirabad. After due investigation, charge-sheet was submitted against Karma, Rama, Chottu, Sohan and Bhannu and one other person namely Shankar. Learned trial court, after hearing arguments on the point of framing charge, passed the order impugned and discharged Karma, Rama, Chottu, Shankar, Sohan and Bhannu from all charges.