LADU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 31 -3 -1983, passed by the learned Sessions Judge, Sikar, in Cr. Appeal No. 89/1981, whereby he upheld the judgment passed by the learned C.J.M. Sikar dated 28 -4 -1981 in criminal case No. 118/1978 (142/1976).

(2.) THE prosecution story unfolded during the trial is that the complainant lodged FIR at Police Station Lakshmangarh, stating therein that a false and fictitious adoption and gift deed has been executed and got registered before the Registrar, Laxmangarh. The complainant further stated that he has not placed any thumb impression or signature on the document. It was further stated that Sultana Ram and Dungar Ram have signed as witnesses. On that basis of the FIR a case under Section 467, 471 and 420, IPC was registered against the accused petitioners. In fact, during the trial it was found that it was not an adoption deed but it was a gift deed about the land bearing Khasra No. 15/17 measuring 76 bighas. In that gift deed it has been mentioned that the land was gifted to Kesar son of Shri Ladu Ram. During the investigation finger print was taken and it was found that the finger print was that of Ladu Ram. It was also found by the hand writing expert that Sultana Ram, has signed his witness on the date and has wrongly identified the person.

(3.) THE complainant accused party belongs to one family and it was pointed out during the course of arguments that if the parties come to the settlement a lenient view can be taken in the matter of awarding the sentence. Accused party is made to hand over land to the complainant side and the complainant side demanded Rs. 33,000/ - from the accused.