- (1.) The above noted both the appeals have been taken up together for disposal since these emanate from one and the same judgment of conviction in order to avoid repetition and conflict of judgments.
(2.) The above noted CRA-S-1582-SB of 2008 has been preferred by appellants Dharambir Yadav and Jagdish, Lamberdar whereas above noted CRA-S-1636-SB of 2008 has been preferred by appellant Hanuman-Deedwriter, whereby assailing the judgment and order of sentence dated 9.8.2008 passed by the Court of learned Special Judge, Gurgaon in criminal case bearing FIR No.29 dated 7.11.2001, u/Ss 406, 420, 468, 471 read with Section 120-B of Indian Penal Code, 1860 (for short 'IPC' ) and Section 13 of Prevention of Corruption Act, 1988 (for short 'PC Act' ), Police Station SVB (H) Gurgaon vide which they were held guilty for the offences punishable u/Ss 420, 467 and 471 read with Section 120-B, IPC and sentenced thereunder, whereas they were acquitted of the remaining charges vide the impugned judgment.
(3.) The case of prosecution in brief as put forth before the learned trial Court was that K.J. Somaiya (Delhi) Trust (hereinafter referred to as 'the trust' ) presented an application before the then Chief Minister, Haryana for ordering suitable Administrative Vigilance inquiry against Dr.Dharambir Yadav, Ex. Minister for cheating 'the trust'. On the basis of this application, the inquiry bearing No.28 dated 4.9.2000 was conducted by Sh.K.K. Sandhu, the then Superintendent of Police, State Vigilance Intelligence Bureau, Gurgaon Division, Gurgaon. The allegation in the inquiry was that said Dharambir Yadav had entered into an agreement with 'the trust' for purchasing land for 'the trust'. For this purpose, he received Rs.1,09,35000/-, out of which he used only Rs.29,85,325/- for purchasing 11 acres of land in the name of 'the trust'. During inquiry, it was revealed that ''the trust'' had given the power of attorney to said Dharambir Yadav, Ex. Minister of Haryana after an agreement dated 26.6.1995 for the purpose above mentioned. Similarly, another agreement and power of attorney dated 19.6.1996 was executed in his favour by 'the trust' after some changing, when he (Dharambir Yadav) was holding post of MLA/Minister in the Haryana Government. He received the above-said sum of Rs.1,09,35000/- from 'the trust' on different dates through cash/cheques/drafts between the period w.e.f. 30.4.1995 to 31.3.1997. The remaining unutilized amount of Rs.79,49,675/- was grabbed by Dharambir Yadav by cheating 'the trust'. Then 'the trust' cancelled the power of attorney on 15.3.2000 since Dharambir Yadav did not give any response to the request of 'the trust' either to utilize the remaining amount or to return the same to it. Then during inquiry, it was also learnt that Dharambir Yadav had also executed an agreement to sell with one Siria son of Ami Chand, resident of village Ghata for purchasing land measuring 48 kanals 7 marlas situated in village Rithoj @ Rs.3.60 lacs per acre in August, 1995. After one week of this agreement, the said Siria was taken to a deed writer in Tehsil Gurgaon, where his thumb impressions were taken on some blank papers. His photograph was also got snapped. Besides this, he was given three demand drafts of Rs.21.60 lacs as the sale consideration of the above-said land. Thereafter, Siria did not put his thumb impressions on any paper nor did he visit the office of Sub-Registrar, Tehsil Sohna to get the sale deed executed of his land located in village Rithoj. Then during inquiry, it was also found that a sale deed bearing No.3559 dated 31.3.1997 was executed in favour of 'the trust' qua land measuring 8 kanals of Siria situated in village Rithoj for a sale consideration of Rs.3.60 lacs on which stamp duty of Rs.49,000/- was affixed. Then during the inquiry, thumb impressions of Siria on the alleged sale deed No.3559 dated 31.3.1997 were got compared with his admitted thumb impressions from Finger Print Expert Bureau, Madhuban and it was found that this sale deed was not bearing any thumb impressions of Siria. Stamp papers for preparing this sale deed were purchased by one Chandgi Ram, resident of village Laghuwas on 21.3.1996 and his signature was obtained on the sale deed as an attesting witness and then after making some cutting, signatures of Jagdish, Lambardar, resident of village Daula were obtained. Since Chandgi Ram, Lamberdar had died on 23.3.1997, so it was evident that this sale deed was scribed before 31.3.1997. This sale deed was signed by Dr.Dharambir Yadav, Jagdish Lamberdar and Hanuman son of Laxman Singh. The same was registered in the Tehsil office, Sohna by Hanuman Singh, the then Naib Tehsildar, Sohna. Dharambir Yadav had acted as an commission agent by misusing his position while holding the post of MLA/Minister. He cheated 'the trust' by grabbing its amount to the extent of Rs.79,49,675/- and forged sale deed bearing No.3559 prepared with regard to the land of said Siria. On the basis of inquiry, report (Ex.PS) was submitted for registration of the case u/Ss 406, 420, 467, 468, 471, 120-B of the IPC and Section 13 (1) (c) & (d) of the PC Act against Dharambir Yadav Ex-Minister, Hanuman Singh, the then Naib Tehsildar, Jagdish Lamberdar and Hanuman son of Laxman Singh (deed writer). Accordingly the instant case was registered against them. They were apprehended in this case. Statements of witnesses were recorded. All the concerned records were taken into police possession. On the completion of investigation, challan against the accused was presented in the Court of learned Special Judge, Gurgaon. Compliance of the provisions of Section 207, Cr.P.C. was duly made.;