O.P.BISHNOI, J. - (1.) THIS revision has been filed by the accused Satyapal against an order dated 5.8.1998 passed by the learned Additional -Chief Judicial Magistrate, Suratgarh.
(2.) THE complainant Devilal, since deceased, on 20.11.1991 lodged an F.I.R. at Police Station, Suratgarh. According to the F.I.R. on 61991 the accused persons went to Smt. Tulchhi in Village Shopura. Smt. Tulchhi was old and, ailing. The accused persons Raibahadur, Satyapal, Vinod Kumar, Kamal Chand and Vishvanath conspired and thumb marks of Tulchhi were obtained on a Will, while Tulchhi was unconscious. A case Under Sections 420, 467, 468 and 471 was registered at Police Station, Suratgarh. During investigation it came out that the parties were at logger -heads in respect of certain agricultural lands left behind by Smt, Tulchhi, who died on 8.11.1991. Prior to the lodging of the said F.I.R. litigation in respect of the disputed property was pending in the revenue courts where the Will in dispute was produced by the accused persons. According to the investigation thereafter it was decided to lodge the F.I.R. and there was no truth in the story to the effect that it was got thumb marked from Smt. Tulchhi while she was unconscious. Consequently an F.I.R. was filed.
(3.) THE complainant protested in the court and ultimately cognizance was ordered against Satyapal and Raibahadur. No cognizance was taken against the three other accused persons viz. Vinod Kumar, Kamal Chand and Vishvanath.;