JUDGMENT :

Jasjit Singh Bedi, J.

The present petition has been preferred against the judgment dated 21.02.2009 passed by the Addl. Sessions Judge, Kurukshetra whereby the judgment of conviction dated 13/15.11.2007 passed by the SDJM, Pehowa has been set aside.

2. The present case has been registered on the basis of complaint Ex.PW7/A, which reads as under:-

"A. That an FIR No.328 dated 18.12.2000 under Section 279, 337, 338, 304-A, of Indian Penal Code, had registered on the statement of complainant against the accused Mangal Singh, who was driving truck bearing number of Indian Penal Code read with Section 120-B of Indian Penal Code, for rashly and negligently at the time of accident, and due to this accident, Kabal Singh son of Harjinder Singh and Love Preet Singh son of Palwinder Singh died at the spot and Shamsher Singh got injuries in this accident and this information was given by Kashmir Singh son of Virsha Singh, resident of Pannu Farm Kherishishgaran, to the complainant. The police investigated the above said case and impounded the truck No. PB-OBE/8513 in this case.

B. On 23.12.2000 accused No.1 Mohan Singh fraudulently and dishonestly introducing himself as Mohinder Singh, filed application for superdari and accused No.1 also filed a false affidavit in the name of Mohinder Singh in the Court on 25.12.2000 and the Court believing the application and affidavit to be true released the truck bearing No. PB-08E/8513 to accused Mohan Singh, on superdari. When the Court summoned superdar as prosecution witness in case in titled State Versus Mangal Singh, report of summon was received that Mohinder Singh has expired since long and then son of superdar Major Singh and Ramji Lal surety in superdaginama were summoned by the court. When Ramji Lal came in Court, he stated that he was surety of Mohan Singh not Mohinder Singh. He is illiterate. He did not know that Mohan Singh impersonated in the Court as Mohinder Singh. He had in fact, came to the Court to stand surety for Mangal Singh. Major Singh also stated that his father Mohinder Singh had expired on 21.10.98 i.e. prior to superdari. He also stated that he has sold out the truck to Shri NK Aggarwal after the death of his father and when the court summoned NK. Aggarwal, he also stated that he had sold the truck to Mohan Singh accused No.1. From the statements of above said persons, it has become clear that it was accused No.1, who cheated by personation the Court and complainant fraudulently and dishonestly as Mohinder Singh

C. When these facts, came in the knowledge of the Court, it issued summons of accused No.1 Mohan Singh but when he not appeared in the Court then warrant of arrest was issued by the court. Then accused No.1 got anticipatory bail from the Hon'ble High Court of Punjab & Haryana, at Chandigarh, and same was allowed. According to this order, accused No.1 Mohan Singh, submitted his surety bonds to the satisfaction of the court.

D. On 04.02.2002, accused No.1 submitted his surety bond of Des Raj son of Harbans Lal and Anil Kumar son of Prem Nath, both residents of village Maqsoodhan (Jalandhar) but both the surety personated by accused No.3 & 4 and both are identified by accused No.5 wrongly, knowingly, intentionally and assisted the accused No.1, 3 and 4 who cheated the Court and complainant by personation. Accused No.3 & 4 also prepared forged documents for the purpose of cheating and used as genuine these forged documents. The accused No. 3 & 4 also filed false affidavits in the court dishonestly regarding property for the purpose of being used in judicial proceedings as proof. The Court canceled the superdaginama of Mohan Singh when the abovesaid facts came in the knowledge of the court and SHO PS Pehowa was directed to take the truck in his custody.

E. On 04.02.2002, the accused No.2-Jaswinder Kaur wife of Mohan Singh, resident of Kahan Pur, Tehsil and District Jalandhar (Punjab) at present Maharastra-Andhra Transport Opp. Ashirwad Petrol Pump Bhopal again filed a