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1996 Supreme(Raj) 752

M.A.A.KHAN
Roshan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Dinesh Kala, Advocate for A.K. Gupta, Advodate, for the Petitioner S.S. Rathore, Public Prosecutor for State-Respondent

Honble KHAN,J – By his impugned judgment and order dated October 15,1992 the learned Sessions Judge. Bayana, Distt-Bharatpur has confirmed the conviction of sentence of the petitioner for the offences under section 420 and 467 I.P.C. On the basis of following facts :–

(2) The petitioner was the recorded tenant of khasra plot Nos. 1332 admeasu- ring 3 bighas. 17 Biswas and 1333 admeasuring 4 Bighas 19 Biswas situate at weir Hadain Patti Distt-Bharatpur. It was alleged that the petitioner had mortgaged the said land, alongwith some other lands with the State Bank of Bikaner and Jaipur at Bharatpur on 13.11.1969 to secure a loan of Rs. 7,000/-. However, on 26.5. 1971 the petitioner sold the afore said land to PW-3 Jagdish Prasad for a consideration of Rs. 10,500/- and also delivered the possession thereof to the purchaser. It appears that the State Bank of Bikaner and Jaipur had unsuccessfully proceeded against the petitioner in the year 1972 -73 for recovery of its loan. In the year 1976 PW-3 Jagdish Prasad filed a report with police Station. Weir alleging therein that the petitioner had concealed the fact of his having mortgaged the land to the Bank before selling the same to him. On


















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