STATE OF H.P. Vs. PURAN CHAND AND ANOTHER

JUDGEMENT

(1.) In connection with FIR No. 102/98, dated 8.7.1998, Police Station, Shahpur, District Kangra, Himachal Pradesh, which was registered on a complaint filed by Smt. Ishroo Devi (PW-1), wife of Harnam Singh (PW-7), present respondents Puran Chand and Simrita Devi, and co-accused Nisha Devi (hereinafter referred to as the accused), were charged to face trial for commission of offences, punishable under the provisions of Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code. Vide judgment dated 3.2.2003/4.2.2003, trial Court acquitted accused Nisha Devi, but however, convicted accused Puran Chand and Simrita Devi and sentenced both of them as under:

(2.) In an appeal filed by the convicts/accused Puran Chand and Simrita Devi, the lower Appellate Court (Fast Track Court), Kangra at Dharamshala, vide judgment dated 30.4.2009, passed in Crl. RBT Appeal No.6-D/X/2004/03, titled as Puran Chand and another Vs. Simrita Devi, has reversed the findings of fact, conviction and sentence recorded by the trial Court, correctness whereof is the subject matter of the present appeal.

(3.) In short, it is the case of prosecution that one Pohla Ram was possessed of immoveable property. He died on 5.11.1995, leaving behind his LRs, i.e. widow Kewlo Devi and two daughters Simrita Devi and Nisha Devi. The latter was married to accused Puran Chand. Both the accused set up a Will in their favour, which was allegedly executed by Pohla Ram.