JUDGMENT :

Harpreet Singh Brar, J. (Oral)

1. Present revision petition has been preferred by the petitioners against the judgment dated 03.06.2015 passed by learned Additional Sessions Judge, Karnal vide which judgment of conviction and order on quantum of sentence dated 11.05.2012/14.05.2012 passed by learned Sub Divisional Judicial Magistrate, Assandh, have been upheld, vide which petitioner has been convicted under Sections 419, 420, 467, 468 and 471 of Indian Penal Code read with Section 120-B of Indian Penal Code and sentenced to undergo substantive sentence of rigorous imprisonment for one year with total fine of Rs. 1500/- was imposed with default mechanism. 2. Brief facts of the FIR No. 410 dated 10.9.2004 lodged by Smt. Kamlesh, complainant are that she reported to the police through a complaint that she was married with late Jasmer Singh, who died in the year 1991 and after his death, a Kareva marriage was performed by complainant with brother of Jasmer Singh namely Salinder and since then she is residing with Salinder. She further alleged that her father Nagina was owner of agricultural land in village Jhimri Khera, situated within the revenue estate of village Popra, Tehsil Assandh District Karnal. After the death of Nagina, his agricultural land and other properties were inherited by Smt. Manohari mother of complainant, Om Parkash, Bhim Suba, Balwan, Kaptan brothers of complainant and Smt. Sikhsa and Murti sisters of complainant and complainant herself having 1/8th share each. Accused persons, by hatching a criminal conspiracy, sold the share of complainant and her two brothers namely Balwan Singh and Kaptan Singh by impersonating them. Accused Santosh impersonated the complainant, accused Subhash son of Maman impersonated Balwan and accused Rajesh alias Jassa impersonated Kaptan and all the accused persons by hatching conspiracy with each other alienated the share of complainant and her two brothers Balwan and Kaptan and played a fraud. All the accused persons at the time of execution and registration of the sale deed dated 29.5.2001 were knowing the fact that complainant and her two brothers namely Balwan and Kaptan were owners in possession over their respective shares. The accused persons affixed their photographs on the sale deed including Santosh, Subhash and Rajesh and they by executing the sale deed in favour of Sadhu Ram committed a forgery with complainant and Balwan Singh and Kaptan Singh, whereas the complainant and her brothers Balwan and Kaptan never intended to sell the land of their shares. It was further alleged that on 25.07.2004 complainant and her two brothers namely Balwan and Kaptan contacted Halqa Patwari for taking copy of Jamabandi for the purpose of taking loan from bank and then Halqa Patwari told them that the complainant and her aforesaid brothers have already alienated their shares vide sale deed dated 29.05.2001 for a sale consideration of Rs.9000/- and a mutation has already been entered and sanctioned dated 14.08.2011. The name of Sadhu Ram has already been incorporated in the jamabandi for the year 2001-02 in the column of ownership. After coming to know about the fraud committed by the accused persons by hatching a criminal conspiracy, the complainant and her brothers convened a Panchayat in which her brother Krishan Lal was also present. Accused persons had admitted their fault, but threatened the complainant that in case she would report the matter to police or will take any action against them, she would be done to death. The complainant then made complaint to the police but no action was taken. Hence, the present complaint.

3. Learned counsel for the petitioners contends that he is not assailing the impugned judgment of conviction dated 03.06.2015 passed by learned Additional Sessions Judge, Karnal on merits and restricts his prayer to modification of the order of quantum of sentence dated 14.05.2012 to that of sentence already undergone by the petitioners as petitioner-Sube Sin