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2015 Supreme(SC) 523

V.GOPALA GOWDA, R.BANUMATHI
Kailash Mangal – Appellant
Versus
Ramesh Chand – Respondent


JUDGMENT

1. Leave granted. Challenging the correctness of the judgment in Criminal Appeal No. 336-SBA of 2008 dated 14.10.2010, in and by which, the High Court of Punjab & Haryana at Chandigarh, convicted the Appellant Under Sections 193 and 419 of the Indian Penal Code, the Appellant has preferred this appeal.

2. Brief facts in nutshell are that the Appellant and the Respondent are real brothers. One Surinder Kumar, who is the maternal uncle of the Appellant, has filed Civil Suit No. 181 of 1987 against his sister Smt. Champa Devi and others on 01.10.1987, inter alia praying for a declaration that he is the owner of a shop being No. 108, Ward 1, Old Mandi, Tohana, to the exclusion of his sister. During the pendency of the suit, Champa Devi, the mother of the Appellant and the Respondent passed away on 14.07.1990. Upon her demise, the Appellant, who is the elder son of Champa Devi, filed an application in the civil court for bringing on record himself and the Respondent along with four sisters as the legal heirs of deceased Champa Devi. While moving the application, instead of naming himself and his younger brother Ramesh Chand, it appears that the Appellant has stated his name as Ra





















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