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PRADEEP KUMAR SRIVASTAVA
Kapurni Devi, Wife of Late Govind Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. In the instant criminal revision, the petitioners have challenged the legality, propriety and correctness of the judgment dated 22.07.2013 passed by learned Additional Sessions Judge-V, Hazaribag in Cr. Appeal No. 81 of 2004, whereby and whereunder the appeal preferred by the petitioners has been dismissed, upholding the judgment of conviction and order of sentence dated 24.05.2004 passed by learned Judicial Magistrate, 1st Class, Hazaribag in G.R. Case No. 19 of 1990 corresponding to Katkamsandi P.S. Case No. 1 of 1990, whereby the petitioners have been held guilty for commission of the offences under Sections 419, 468, 471 and 120B of the I.P.C. and sentenced to undergo R.I. of two years for the offence under Section 419/120B of I.P.C., R.I. of three years for the offence under Section 468/120B of I.P.C. and R.I. of six months for the offence under Section 471/120B of I.P.C. along with fine with default stipulation. All the sentences were directed to run concurrently. However, the learned appellate court has modified the sentence awarded to the petitioners to the extent of R.I. of one year for the offence under Section 419/120B of I.P.C., R.I. of 2½ years for the off
The execution of a forged sale deed constitutes conspiracy and forgery under IPC, supported by forensic evidence confirming the identity of the imposter.
Execution of sale deeds exceeding a co-sharer’s share does not constitute forgery or cheating, reaffirming that civil disputes should not be criminalized without clear offences being present.
The execution of sale deeds by co-sharers exceeding their portion does not constitute forgery or criminal liability, reaffirming that such disputes are civil in nature.
Point of Law – Fraud and cheating – Acquittal justified - no inducement was given to the complainant by respondent No.1 to deliver any property as the disputed property was already in possession of r....
Forgery – There is presumption of correctness attached to certificate.
The main legal point established in the judgment is that abetment and fraudulent execution of a sale deed constitute offenses under the Indian Penal Code, leading to conviction.
An acquittal by lower courts can only be overturned if there is a demonstrable failure of justice, and concurrent findings of fact must be respected unless proven otherwise.
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