JUDGMENT

R.V.Raveendran, J.

Leave granted. Heard learned counsel for the parties.

2. Second respondent herein filed a complaint against appellants 1 to 3 (accused 1 to 3) and two others before the Chief Judicial Magistrate, Madhubani, alleging that he was the owner of Katha No. 715 Khasra No.1971 and 1973 admeasuring 1 bigha, 5 Katha and 18 Dhurs; that the first accused who had no connection with the said land and who had no title thereto, had executed two registered sale deeds dated 2.6.2003 in favour of the second accused in respect of a portion of the said land measuring - 8 Khatas and 13 Dhurs; and that the third, fourth and fifth accused being respectively the witness, scribe and stamp vendor in regard to the sale deeds had conspired with accused 1 and 2 to forge the said documents; and that when he confronted accused 1 and 2 about the said forgery, they abused him and hit him with fists and told him that he can do what he wanted, but they will get possession of the land on the basis of the said documents.

3. The learned Magistrate by order dated 19.7.2003 took cognizance of the offences under sections 323, 341, 420, 467, 471 and 504 of Indian Penal Code (for short, ‘the Code’