Alok Singh, J. - (1.) PRESENT revision petition is filed challenging order dated 11.12.2009 passed by learned Additional Sessions Judge, Hoshiarpur, in Criminal Case No.16 dated 22.12.2006 pursuant to FIR No. 20 dated 10.05.2005, under Sections 467, 468, 471, 120-B of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, registered at Police Station Vigilance Bureau, Jalandhar, whereby learned Trial Court has summoned the present revisionist as additional accused under Section 319 of the Code of Criminal Procedure to face the trial.
(2.) BRIEF facts, inter-alia, are as under:- One Bahadur Singh had 38 Kanals 6 Marlas of land at Bija Bhatoki and as per revenue record for the year 1950 Bahadur Singh has been shown as owner of said land. That said Bahadur Singh had gone somewhere for the last 30/32 years. That said land was being cultivated by one Hari Ram son of Hako Ram of village Banial. That in the said land, Santokh Singh son of Bahadur Singh was having share. That Baldev Singh, Balbir Kaur son and daughter of Raghbir Singh son of Bahadur Singh was also having share in the said land. On 17.11.2003 this land was transferred by sale by Santokh Singh, Baldev Singh and Balbir Kaur to Devinder Singh for a consideration of Rs. 22 lacs. That a forged death certificate of Raghbir Singh has been procured and three imposters had appeared as Raghbir Singhs heir i.e. Santokh Singh, Baldev Singh and Balbir Kaur before the Sub Registrar to execute the sale deed and transfer the property Devinder Singh. That Tarsem Singh and Bawa Singh also played a part in the preparation and execution of the sale deed. On the basis of this statement, a case was registered against Bawa Singh, Satinder Singh, Jasbir Kaur, Tarsem Singh, Sukhwinder Singh, Daljit Singh, Joginder Singh, Devinder Singh and Malkiat Singh, but, however, during investigation, Devinder Singh present petitioner and Malkiat Singh were found innocent and their names were mentioned in column no.2 of the challan. Thereafter, charges were framed against accused Bawa Singh, Satinder Singh, Jasbir Kaur, Tarsem Singh, Sukhwinder Singh, Daljit Singh and Joginder Singh to which they did not plead guilty and claimed trial. Thereafter, statements of 9 prosecution witnesses were recorded.
(3.) LEARNED Addl. P.P. filed an application under Section 319 of the Code of Criminal Procedure on the averments that Surjit Ram, PW has already been examined and he has stated on oath that accused Devinder Singh son of Sukhdev Singh revisionist has played active role in getting the sale deed executed in his favour by producing three imposters of Santokh Singh, Baldev Singh and Balbir Kaur, executants of the sale deed before the Sub Registrar. LEARNED Additional Sessions Judge, Hoshiarpur, vide impugned order dated 11.12.2009 having observed that Devinder Singh in connivance with Joginder Singh and other got executed fake sale deed by producing Santokh Singh, Baldev Singh and Balbir Kaur, thus, he is required to face trial along with other co-accused, allowed the application. Hence, present revision petition. I have heard learned counsel for the revisionist, as well as, learned Deputy Advocate General, Punjab, and perused the record.;