- (1.) Heard Sri R.K. Garg, learned counsel for the revisionists, learned AGA for the State and perused the record.
(2.) This Criminal Revision has been preferred against the judgement and order dated 11.11.2005, passed by the Additional Sessions Judge, Fast Track Court No.5, Firozabad in Criminal Revision No.75 of 2004 (State Vs. Ram NIwas and others), by which the Lower Revisional Court allowed the revision and set aside the order dated 15.01.2004 passed by the Additional Chief Judicial Magistrate, Firozabad in Case No. 1204 of 1992 (State Vs. Ram Niwas and others), under Sections 323, 506, 420, 467, 468, 471 I.P.C., Police Station- Uttar, District-Firozabad by which the learned Magistrate discharged the accused/revisionists from the said offence.
(3.) An FIR was lodged by Smt. Lilawati, widow of Late Daujee Ram, stating that her husband had some plots i.e. Khasra Nos. 429, 664, 665, 685, total area of which was 11 Bighas, 4 Biswa, 10 Biswansi in Village-Tapa Khurd, Police Station-Uttar, District-Firozabad. After the death of her husband on 11.11.1988 her name was mutated as legal heir of her husband by the order dated 16.11.1988 passed by the Tehsildar and her name was entered into the revenue records. From the said plots, some portion were sold by her by executing sale deed. One Rajendra Singh, resident of Village-Tappa Khurd, who alleged himself to be the Secretary, Chandralok Gramin Sahkari Avas Samiti Ltd. along with other accused persons in order to grab the land of the informant, one Prem Chandra got the forged documents prepared and got the sale deed of the said plots registered on 22.5.1990 in the office of Sub Registrar, Firozabad. While she was returning from the Tehsil, she was stopped near the crossing of the post office and Rajendra Singh and Prem Singh along with two other persons in order to kill her, tried to strangulate her and assaulted her with kicks and fists. The said incident was witnessed by Kishan Pal.;