SHYAM NANDAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In both the cases, as similar prayer has been made and common question of law involved, they were heard together and being disposed of by this common order.

(2.) The petitioner of Criminal Revision No. 180 of 2003 has challenged the judgment and order dated 20th December, 2003 passed by the learned Judicial Magistrate, 1st Class, Chatra in G. R. No. 495 of 1994/ T.R. No. 579 of 2002, whereby and where under, he acquitted Opposite Party Nos. 2 to 4 for the charges under Sections 406 and 42,1.P.C.

(3.) The case of the prosecution as per Informant is that his (sic) namely Manju Singh entered into a written agreement dated 6th Oct., 1991 with the accused persons for purchase of two Kathas of land situated in the district of Chatra for valuable consideration of Rs. 42 (sic). An agreement was duly signed by the parties in presence of witness and Rs. 10.000/- was paid towards advance money to the accused on 6th October, 1991 as mentioned in the agreement. Further case of the Informant is that the accused persons subsequently refused to execute the sale deed as per agreement and informed the informant that they can do so if the purchaser purchase all six Kathas of their land. The wife of Informant Manju Singh thereafter entered into second agreement on 4th January, 1992 with the accused persons in presence of witnesses for a valuable consideration of Rs. 1.26.000/- for six Kathas of land. The accused persons after receiving the cash amount of Rs. 10.000/- and a cheque of Rs. 5.000/- as advance money, signed the agreement. Thus, a total sum of Rs. 25.000/- was paid as advance money to the accused persons in presence of the witnesses.