Ranjit Singh Sarkaria, J. - (1.) SEVEN persons, namely, Nasib Singh son of Barit Singh, Kirpa Ram son of Johri, Mehar Chand son of Moti Ram, Milkhi Ram son of Lakhu Ram, Munshi Ram son of. Thakar Dass, Karam Chand son of Asa Ram and Sadhu Ram son of Johri, were tried on the basis of a complaint made by Hari Chand son of Bishna Ram on charges under Sections 120 -B, 467, 419, 420 and 467/471, Indian Penal Code, by Shri S.S. Sodhi, Additional Sessions Judge, Hoshiarpur. Karam Chand and Sadhu Ram were acquitted, while the remaining five were convicted as follows: (i) All the five accused under Section 120B, Penal Code, and sentenced to two years rigorous imprisonment each. (ii) Munshi Ram, Mehar Chand, Milkhi Ram and Kirpa Ram accused under Section 467, Penal Code, for forging the power of attorney (Exhibit PA) and each sentenced to three years rigorous imprisonment. (iii) Munshi Ram and Nasib Singh, under Section 467, Penal Code for forging pronote for Rs. 1,000 dated 14th December, 1962 and each sentenced to two years rigorous imprisonment. (iv) Munshi Ram, Mehar Chand and Milkhi Ram, under Sections 419/420, Penal Code, and sentenced to two years rigorous imprisonment each. (v) Kirpa Ram, under Section 467 read with Section 471, Penal Code, for dishonestly using the forged power of attorney (Exhibit PA) as genuine and sentenced to three years rigorous imprisonment.
(2.) IT was directed that the sentences on all the counts would run concurrently. The convicts have preferred Criminal Appeal 848 of 1969 (Nasib Singh and Ors. v. The State), while Criminal Appeal 1271 of 1969 (Hari Chand v. Karam Chand) against the acquittal of Karam Chand, filed by Hari Chand complainant, with the leave of the Court granted under Section 417(3), Code of Criminal Procedure is also before us. Both the appeals will be disposed of by this judgment.
(3.) THE facts of the prosecution case, as they emerge from the record, are as follows: There was one Sansara (alias Sansar, Singh) son of Arjan who, in lieu of the lands left by him in Pakistan, was allotted agricultural land in four villages, namely, Parowal, Pakhowal, Hajipur and Tejpur, in District Hoshiarpur. These lands were worth more than Rs. 25,000. Sansara was an old man of about 80 years. Sansara died on August 11,1963. The only heir of Sansara was his daughter, Shrimati Dhan Devi, who sold the entire landed estate inherited by her from her deceased father, to Hari Chand complainant When before the Tehsildar, in mutation proceedings Hari Chand was opposed by Karam Chand and Sadhu Ram accused, it came to light that Munshi Ram, personating as Sansara had, with the collaboration of Milkhi Ram and Mehar Chand accused (who had fraudulently identified Munshi as Sansara) got the forged power of attorney (Exhibit PA) registered by the Sub -Registrar, Shri Amar Singh, on January 31, 1963. Under this general power of attorney, Kirpa Ram was given vast powers to incur liabilities and to sell and alienate all the immoveable properties of Sansara. On the basis of that forged power of attorney (Exhibit PA), Kirpa Ram made two sales of the lands of Sansara; one on August 19, 1963, in favour of Karam Chand and Sadhu Ram accused, another on April 2,1964 by a registered deed, in favour of Karam Chand accused. Both the sales, according to the prosecution, were made after the death of Sansara.;