HARI SINGH Vs. HARCHARAN SINGH
LAWS(P&H)-2016-1-249
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 18,2016

HARI SINGH Appellant
VERSUS
HARCHARAN SINGH Respondents

JUDGEMENT

Sneh Prashar, J. - (1.) The present revision petition has been filed by the petitioner assailing the judgment dated 7.1.2005 passed by learned Additional Sessions Judge, Bathinda vide which judgment of conviction and order of sentence dated 9.8.2003 passed by learned trial Court was modified to the following extent: -
(2.) The facts extracted from the record are as under: - Complainant Harcharan Singh alias Chand Singh filed a criminal complaint against petitioner -accused Hari Singh and others with the allegations that his father Waryam Singh was owner of agriculture land situated in revenue limits of village Khokhar and Kera Khera to the extent of 1/5th share in the land measuring 176 kanals 16 marlas. Waryam Singh died in the year 1953 and his share was inherited by him (complainant) and his brother Sukhdev Singh being the sons. The mutation of inheritance qua the land located in the limits of village Khokhar could not be sanctioned as neither he nor his brother visited Village Khokhar for several years due to the fear of psychosis terrorism. They also never sold any parcel of the land situated at Village Khokhar.
(3.) The complainant alleged that in the month of January, 1995 when he accompanied by his brother Sukhdev Singh went to Village Khokhar, they came to know that land measuring 19 kanals owned by them had been sold to Hari Singh by impersonating him (complainant) in connivance with Karnail Singh Namberdar, Jagir Singh and Vidya Sagar Deed Writer. A false sale deed had been executed in favour of Hari Singh and Pirthi Singh consequent to the conspiracy between Hari Singh and Karnail Singh etc. with an intention to deceive him (complainant) and his brother in the year 1957. They had also illegally got sanctioned the mutation of inheritance of Waryam Singh as well as a mutation on the basis of the fictitious sale deed by impersonation.;


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