Raj Kumar vs Veerbhan - 2024 Supreme(P&H) 413

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 413

HARPREET SINGH BRAR
Raj Kumar – Appellant
Versus
Veerbhan – Respondent

Advocates Appeared:
For the Petitioner:Mr. Vikas Kumar, Advocate for Mr. T.C. Dhanwal, Advocate
For the Respondent: Mr. Vikas Bhardwaj, AAG

JUDGMENT :

HARPREET SINGH BRAR, J.

1. This revision has been preferred against the judgment dated 28.10.2010 passed by learned Additional Sessions Judge, Bhiwani vide which judgment of conviction and order of quantum of sentence dated 01.03.2008 and 03.03.2008 respectively passed by the Judicial Magistrate 1st Class, Bhiwani in Criminal Complaint No. 190 of 1998 filed under Sections 420, 34 of the IPC was upheld. The petitioner was sentenced as under: -

Offence	Sentence
Section 420 IPC	Rigorous imprisonment for 3 years and a fine of Rs. 2000/-, in default of which simple imprisonment of 30 days.

FACTUAL BACKGROUND

2. The facts, in brief, are that the respondent No. 1- complainant filed a criminal complaint under Sections 420, 34 IPC with the allegations that the petitioner-accused on the basis of ‘jamabandi’ (land revenue records) for the year 1995-96 had defrauded respondent No. 1 by representing himself as the owner of the land, measuring 8 kanals (khewat No. 127 min Khatoni No. 220 Killa No. 62/13), on the basis of which he obtained Rs. 50,000/- from respondent No. 1. Resultantly, a mortgage deed was executed. When respondent No. 1 approached the Revenue