- (1.) Instant revision petition has been preferred against the judgment dated 24.03.2015 vide which the appeal filed by the petitioner against the judgment and order of conviction and sentence dated 09.01.2012 and 10.01.2012 respectively, had been dismissed and her conviction and sentence had been maintained. A narration of the facts as they unfold. Raja Ram was earlier married to Om Pati. Om Pati owned some land. Om Pati died on 16.03.1994. Her sister Rekha Jangra i.e. present petitioner got married to Raja Ram. A complaint was made by Davinder Singh(PW1) alleging that after the death of Om Pati, Rekha Jangra had impersonated the deceased and had sold the land to Gurmail Singh (PW5) and Harpal Singh sons of Rulda vide sale-deed dated 11.09.1996 (Ex.PW4/A). She was identified by Jagir Singh and Pritam Singh. On the basis of complaint, FIR No. 213 dated 10.10.2001, under Sections 419, 420, 467, 468 and 471 IPC was registered against Rekha Jangra and Pritam Singh. The case was investigated. The accused were arrested and put to trial. Charge under Sections 419, 420, 467, 468 and 471 read with Section 34 IPC was framed against the accused, to which they pleaded not guilty.
(2.) The prosecution examined 10 witnesses, including the complainant, the purchaser and the revenue officials. The incriminating circumstances led by the prosecution were put to the accused in their statements under Section 313 Cr.P.C., which they denied and pleaded false implication. They examined two witnesses viz. Dr. Jassy Anand, document expert and DW2 Gulzar Singh from the office of District Treasury Office, Fatehgarh Sahib who proved the factum of purchase of stamp papers and entry No. 1593 dated 06.09.1996 made in the name of Omwati.
(3.) On appraisal of the evidence, the trial Court vide judgment dated 09.01.2012 held both the accused guilty under Sections 416(punishable under Section 419 IPC), 468 and 471 read with Section 34 IPC and substantively sentenced them to undergo rigorous imprisonment for two years and pay a fine of Rs. 1000/- under each head. In default of payment of fine, they were sentenced to further undergo rigorous imprisonment for six months under the defaulting clause. The sentences were ordered to run concurrently. Dis-satisfied with the conviction and sentence, appeals were filed by accused Rekha Jangra and Pritam Singh. Vide judgment dated 24.03.2015 appeal filed by Pritam Sigh was allowed and he was acquitted while the appeal of the petitioner was dismissed and her conviction and sentence was maintained. Dis-satisfied with the same, instant revision petition has been filed. I have heard learned counsel for the parties and with their able assistance gone through the record carefully. Learned counsel for the petitioner had urged that there is no evidence to connect her with the offence as no test identification parade was conducted. He had further urged that the photograph was affixed on the sale-deed lateron to implicate the petitioner and Bhawandeep son of Raja Ram and Ompati, who had also signed the sale-deed, Ex.PW4/A was not examined by the prosecution for the reasons best known to it and his nonexamination was fatal to the case. He had further urged that the statement of hand-writing expert had been ignored by the Courts below wherein it had come that the thumb impressions appearing on sale-deed did not match the thumb impression appearing on the register of Treasury Office which were affixed by the seller at the time of purchasing the stamp papers.;