PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
H.S.GREWAL, J.
Bachan Kaur And Another - Appellant
Vs.
State Of Punjab - Respondent
CRR-3367-2009
Decided On : 27-10-2025
JUDGMENT :
H.S. Grewal, J.
This revision petition has been filed against the judgment dated 09.12.2009 passed by ld. Additional Sessions Judge (Adhoc) FTC, Mansa vide which the judgment of conviction and order of sentence dated 02.04.2007 passed by ld. Chief Judicial Magistrate, Mansa was upheld whereby the petitioners were convicted as under :
Sr.No. | Name of convict | Under Section | Sentence |
1. | Jagga Singh | 467 IPC | RI for five years and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for six months. |
468 IPC | RI for three years and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for six months. | ||
471 IPC | RI for one year and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for six months. | ||
419/120-B IPC | RI for one year and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for three months. | ||
2. | Bachan Kaur | 419 IPC | RI for two years and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for six months. |
467/120-B IPC | RI for two years and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for three months. | ||
468/120-B IPC | RI for one year and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for three months. | ||
471/120-B IPC | RI for six months and to pay fine of Rs. 2000/- in default of making payment of fine, convict shall further undergo RI for three months. |
2 The case of the prosecution is that the complainant, Harmail Singh and Assa Singh, through a special power of attorney moved an application to the Senior Superintendent of Police, Mansa, seeking registration of a criminal case against Sukhwinder Singh son of Karam Singh son of Mehna Singh, resident of Village Nandgarh, presently residing near the Stadium at Boha, District Mansa. In the said application, it was stated that one Persin Kaur daughter of Middu Singh resident of Village Nandgarh, had expired on 21.10.1991. She was the owner of certain land situated at Village Nandgarh. It was further stated that the said Persin Kaur was the real grandmother of the complainant Harmail Singh and the mother of Assa Singh, and they were her lawful heirs. During her lifetime, Persin Kaur had never executed any will in favour of any person.
3. It is alleged that Sukhminder Singh, who had no relation with Persin Kaur, in order to unlawfully grab her property, fraudulently declared himself to be her nephew and, in connivance with officials of the Revenue Department, got a forged will bearing No. 163 dated 05.03.1962 registered in his favour by impersonating another woman as Persin Kaur. The said Will was allegedly procured after the death of Persin Kaur, brought from Haryana, and produced before the revenue authorities to fabricate ownership documents. By doing so, the accused persons committed offences of forgery, cheating, and fraud, thereby depriving the complainant of his lawful rights. The complainant, therefore, requested for an inquiry into the matter and registration of a criminal case against Sukhminder Singh and others involved. Pursuant to the said application, the SSP Mansa directed the SHO, Police Station Jhunir, to conduct an inquiry and submit a report. As the matter pertained to Police Station Budhlada, the SHO, Budhlada, carried out the inquiry and reported that Persin Kaur daughter of Middu Singh son of Dharma Singh, originally a resident of Village Nandgarh and married in Village Karodia, District Ludhiana, had three sons namely Assa Singh, Bachan Singh, and Surjit Kaur and three daughters namely Dalip Kaur, Nasib Kaur, and Harbans Kaur. She had died at Village Karodia on 21.10.1991. However, after her death, Sukhminder Singh son of Karam Singh, resident of Nandgarh (now residing near the Stadium at Boha), on 05.03.1992, by representing a fictitious woman as Persin Kaur, fraudulently go
The Court upheld convictions for forgery and related offences, emphasizing that the burden of proof shifts when an individual has not been heard from for an extended period, and hearsay evidence requ....
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