Kanwaljit Singh Ahluwalia, J.

1. The Present Revision Petition Has Been Preferred By Amar Singh, Maman, Gulab and Rohtash. They all are residents of Village Badyian Brahmnan, Tehsil and District Hisar.

2. Counsel for the petitioners had placed on record a copy of death certificate of petitioner No. 1 - Amar Singh showing his date of death as 19.12.2009 and vide a separate order dated 4.5.2010, Chief Judicial Magistrate, Hisar had been ordered to hold an enquiry regarding the factum of death of Amar Singh. In pursuance of order dated 4.5.2010, the revision petition qua Amar Singh had already abated. If found otherwise, the Registry will revive the revision petition qua him.

3. Criminal Misc. No. 32155 of 2009 filed on 6.7.2009 was also allowed vide order dated 4.5.2010 and the documents annexed therewith as Annexures P7 and P9 were taken on record as additional evidence.

4. The above said petitioners were named as accused along with one Smt. Bhula widow of Har Lal, in a case FIR No. 206 dated 25.8.1985 registered at Police Station Sadar Hisar under Sections 420, 468, 471, 419 and 120-B IPC.

5. The Court of Judicial Magistrate Ist Class, Hisar vide judgment dated 9.2.1996 held all the petitioners along with Smt.Bhula guilty of offence under Sections 420, 468 and 471 IPC and vide a separate order dated 10.2.1996, they were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- under Section 420 IPC. They were further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- under Section 468 IPC. Similarly, they were also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs, 500/- for offence under Section 471 IPC. All the sentences were ordered to run concurrently. In default of payment of fine, they were ordered to undergo simple imprisonment for three months.

6. Aggrieved against the same, all the petitioners along with Smt.Bhula had filed an appeal. The Appellate Court dismissed the same, however, it released Smt.Bhula on probation and reduced the sentence of the present petitioners on all counts to eight months rigorous imprisonment. Hence, the present revision petition.

7. Raghunath complainant PW4 submitted an application to the police stating that accused Amar Singh, Gulab and Maman had mortgaged the land to Het Ram @ Net Ram, father of Raghunath. His father had expired about 30 years ago. He succeeded to his property. Since the land mortgaged was not redeemed for a period of 30 years, therefore, by virtue of law, he became owner of the land. But Amar Singh, Smt.Bhula, Maman and Gulab in the presence of Rohtash Lamberdar got Mutation No. 714 sanctioned on 7.3.1983 to the effect that his father had accepted the mortgage money amounting to Rs. 500/- whereby the land stood redeemed in favour of the accused persons. The accused persons got the false mutation sanctioned in connivance with revenue officials, as on 7.3.1983 his father was not alive and thus, they have committed offence punishable under Sections 468, 471, 419, 420 read with Section 120-B IPC.

8. The above said FIR was investigated and report under Section 173 Cr.P.C. was submitted.

9. The Court of Additional Chief Judicial Magistrate, Hisar on 13.3.1987 charged all the accused for offence under Section 420 IPC. The charge stated that the land measuring 113 Kanals 4 Marias was mortgaged by ancestors of the accused with the father of complainant Raghunath and they in connivance with Lamberdar Rohtash and the Patwari Halqa showed fictitiously the payment of an amount of Rs. 500/- as mortgage money and reflected in the record that the land had been redeemed. This was done with dishonest intention to debar the complainant of his mortgagee rights which had vested in him after his fathers death. Thus, they committed offence punishable under Section 420 IPC. Furthermore on 7.3.1983, they had forged a mutation with an intention that the same