Mere attesting witness to sale deed not liable for forgery by impersonation absent benefit; identifier and knowing son liable under Section 468 IPC. Death register entry admissible under Evidence Act Section 35 without informant proof. Revisional jurisdiction limited to perversity.

JUDGMENT :
Rakesh Kainthla, Judge

Since both the revision petitions emanate out of a common judgment dated 04.10.2013, passed by learned Sessions Judge, Una, District, Una, H.P.; hence, they are being taken up together for consideration and disposal by way of a common judgment.

2. Both the revision petitions are directed against the judgment dated 04.10.2013 passed by learned Sessions Judge, Una, District Una, H.P. (learned Appellate Court) vide which the judgment of conviction and order of sentence dated 29.03.2010 passed by learned Judicial Magistrate, First Class, Court No. III, Una, H.P. (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

3. Briefly stated, the facts giving rise to the present revisions are that the police presented a challan against the accused for the commission of offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code (IPC). It was asserted that the accused Dilawar Singh conspired with the co-accused Purshotam Singh and got the general power of attorney executed on behalf of Shiv Ram in favour of Purshotam Singh from Darbara Singh alias Dardi on 03.10.1988. A sale deed was executed on behalf of Tripta Devi, Jagan Nath and Swarni Devi in favour of Ram Piari on 06.02.1989, whereas Swarni Devi had died on 15.11.1983, much before the execution of the sale deed. Some woman had impersonated Swarni Devi, and Dilawar Singh had identified her. The matter was reported to the police by means of an application (Ext.PW12/C). The Police registered the F.I.R. (Ext.PW-12/B). Subhash Chand (PW-12) and Sansar Chand (PW-13) investigated the matter. Register of Vasika Navis was seized memo (Ext.PW-9/D). Fard Jamabandi (Ext.PW-1/A) and registered sale deed (Ext.PW-1/B) were seized vide memo (Ext.PW-1/C). The police seized the general power of attorney and cancellation deed (Ext.PW-6/B) vide memo (Ext.PW-6/A). The thumb impressions of Ram Piari (Ext.PW-4/A), Kaushlya Devi (Ext.PW-4/B), Gurdial Singh (Ext.PW-4/C) and Dilawar Singh (Ext.PW-4/D) were taken. Death certificate of Swarni Devi (Ext.PW-8/A) was seized. The specimen signatures of accused Dilawar Singh (Ext.S1 to S3), Arjun Singh (Ext.S4 to S6) were taken. The other accused refused to give their specimen signatures to the police. Statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

4. Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, they were charged with the commission of offences punishable under Sections 419 and 468 of the IPC, to which they pleaded not guilty and claimed to be tried.

5. The prosecution examined thirteen witnesses to prove its case. Karam Singh (PW-1) is a witness to recovery. Tripta Devi (PW-2) did not support the prosecution’s case. Kewal Krishan (PW-3) was posted as the Sub Registrar, who registered the sale deed. Arjun Singh (PW-4) was posted as Executive Magistrate in whose presence thumb impressions and a specimen of handwriting were taken. Surinder Kumar (P