ARVIND SINGH SANGWAN, J.

1. Prayer in this revision petition is for setting-aside the judgment dated 10.02.2009 passed by the trial Court vide which the respondents were acquitted in FIR No.118 dated 08.07.2002 registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code (in short 'IPC') at Police Station Phillaur.

2. Brief facts of the case are that on 04.06.2002, a complaint has been moved by the petitioner namely Gurmej Singh Chauhan son of Amar Singh wherein it is alleged by him that he is an NRI and was residing at Canada and at present, he is residing at village Nagar. He along with other co-sharers is owner in possession of the land measuring 17 kanals 02 marlas, situated in village Nagar, regarding which there was a litigation and an appeal is pending before this Court.

3. He along with Udham Kaur, Surinder Kaur, Harbans Singh, etc., are one party and Bhagwant Kaur, who has since expired is the other party. Bhagwant Kaur was the aunt (Chachi) of Ajit Singh and she filed a civil suit for possession bearing No.240 on 21.09.1987 through Ajit Singh as attorney, which was decreed on 25.02.1991 and thereafter, they have filed an appeal in the Court of District Judge, Jalandhar and during the pendency of the appeal, Bhagwant Kaur had died on 05/06.10.1992. Thereafter, Ajit Singh has moved an application claiming that Bhagwant Kaur had executed a Will in his favour on 01.03.1988 and he be impleaded as her legal heir. As such, on 18.01.1994, the District has allowed the application and Ajit Singh was impleaded as LR of deceased–Bhagwant Kaur for defending the appeal, which was also dismissed on 23.12.1996. Ajit Singh claiming to be the legal heir of Bhagwant Kaur, although he was only allowed to contest the appeal, filed an execution application and has committed cheating with the Court as he had sought the possession of the property in question. Earlier Ajit Singh claimed himself to be the holder of a power of attorney of Bhagwant Kaur, but the said attorney ceased on the death of the person. Ajit Singh got the warrant of possession and Gurmail Singh, Jasbir Singh, Vidyadhar, Sukhwinder Singh, Sukhdev Singh, Kanungo, Surinder Pal Singh Patwari, Gurdev Singh and Parduman Singh, in connivance with each other got the possession of 11 kanals 06 marlas of land on 21.01.1997 delivered to Ajit Singh, although Bhagwant Kaur had died and attorney given by her ceased to be in operation. The petitioners filed a Regular Second Appeal before this Court, where the parties were directed to maintain status quo. An enquiry was got conducted on his application and after obtaining the opinion of the District Attorney (Legal), a case was registered against the accused. Thereafter, statement of the witnesses was recorded, accused were arrested and after completion of the investigation and other formalities, challan against the accused was presented in the Court.

4. Thereafter, the trial Court framed charge under Sections 419, 420, 467, 468 and 471 read with Section 120-B IPC against the accused persons, to which the accused persons did not plead guilty and claimed trial.

5. One of the accused namely Vidyadhar has expired during the pendency of the trial and proceedings against him were abated.

6. The prosecution in support of its version examined, PW1–Sucha Singh, who tendered his statement Ex.PA, and deposed that Amar Singh and Bhajan Singh has purchased the land from Bhagwant Kaur in the year 1965 and after the death of Amar Singh, mutation was sanctioned in favour of Ajit Singh (the main accused). Udham Kaur and Bhajant Singh are the legal heirs of Amar Singh. Bhagwant Kaur through her attorney, Ajit Singh had filed a suit against the aforesaid persons, which was decreed in her favour. Later on, Udharm Kaur filed the first civil appeal before the Additional District Judge. During the pendency of the said appeal, Bhagwant Kaur had died in the year 1992. After the appeal was dismissed, accused–Ajit Singh filed an execution ap