Adarsh Kumar Goel, J. - (1.) THIS order will dispose of Criminal Misc. No. 154 -MA of 2007 seeking special leave to appeal against the order of discharge of respondents No. 2 to 5 Bachittar Singh, Major Singh, Buta Singh and Baldev Singh of charge under Section 467 IPC while convicting Bachittar Singh, Buta Singh and Baldev Singh under Sections 465/471/34 IPC and Criminal Misc. No. 176 -MA of 2007 seeking special leave to appeal against the order of acquittal of respondent No. 2 Major Singh.
(2.) COMPLAINANT Veerpal Kaur jointly owned land with Bachiittar Singh, accused. Bachhittar Singh accused in connivance with other accused prepared agreement dated 16.6.1989 regarding partition of the property and filed a suit on 23.11.1991 and obtained an injunction on the basis of the forged agreement dated 16.6.1989. The complainant brought the matter to this Court and vide order dated 14.3.1992, this Court held the agreement to be forged. The complainant appeared as PW -3. Her husband Sohan Singh appeared as PW -4 and Navdeep Gupta, Handwriting Expert appeared as PW -1. The accused denied the allegations and claimed the document to be genuine. Defence evidence was also led.
(3.) THE trial Court convicted the accused Bachittar Singh, his son Major Singh, Buta Singh and Baldev Singh under Sections 465/471/34 IPC. It was, however, held that charge under Section 467 IPC was not made out. The appellate Court held that the document was forged and it could be inferred that Bachittar Singh, Baldev Singh and Buta Singh had prepared the forged document. Major Singh, who was alleged only to have purchased stamp paper, could not be held to have forged the document. He had not signed the document in any manner. Major Singh was, thus, acquitted of the charge under Section 465 IPC. On appeal, Major Singh was completely acquitted. Appeal of the complainant against the view of the trial Court that Section 467 IPC was not attracted, was dismissed.;