Cheating by personation requires false representation; mere transfer of rights does not constitute such an offense.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 224 of 2012 Reserved on: 02.12.2024 Date of Decision: 13.12.2024 State of H.P. ...Appellant.

Versus Vidya Devi and Ors. ...Respondents Coram Hon’ble Mr Justice Vivek Singh Thakur, Judge. Hon’ble Mr Justice Rakesh Kainthla Judge. , Whether approved for reporting?¹ Yes For the Appellant/State : Mr. J.S. Guleria, Deputy Advocate General.

For Respondents No.1 and 2 : Mr. Sanjeev Kuthiala, Senior Advocate, with M/s. Amita Chandel and Abhishek, Advocates.

For respondents No.3 and 4 : Mr. Abhijeet Singh, Advocate.

Rakesh Kainthla, Judge

The present appeal is directed against the judgment dated 26.12.2011 passed by learned Special Judge, Kullu (learned Trial Court), vide which the respondents (accused before the learned Trial Court) were acquitted of the charges framed against them. (Parties shall be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Sections 420, 467, 468 and 120B of the Indian Penal Code (IPC) and Section

13(2) of the Prevention of Corruption Act. It was asserted that Sunder Lal Sharma married Vidya Devi in 1977. Vidya Devi got half share to the extent of 0-7-0 bigha in Khasra No. 2372, measuring 0-14-0 bigha situated in Mauja Lagsari District Kullu. She executed a gift deed no. 785 in favour of the Ayurvedic Department on 24.10.1980 for the construction of Ayurvedic Bhawan. She delivered the possession to the Ayurvedic Department. She filed an application before Deputy Commissioner, Kullu seeking Nautor because she was left with no land after gifting her share to the Ayurvedic Department. She also encroached upon Khasra No. 2880 in Unprotected Forest (UPF) to the extent of 2-17-0 bigha. She filed an application in May 1990 to get the timber under Timber Distribution (TD) Rights. This application was verified by Patwari Gulbadan on 04.05.1990. Totu Ram recommended the grant of TD rights. DFO sanctioned the TD in favour of Vidya Devi. Vidya Devi filed a false application for getting the TD because she did not have any land in her name in Mohal Lagsari, and only a landowner was entitled to file the application for getting the TD. Gulbadan and Totu Ram also helped Vidya Devi by making false report. In this manner, they caused a loss to the State Government. The police registered the FIR (Ext. PW21/B) in the police station. Rajinder Kumar (PW30) conducted the initial investigation. He inspected the spot and prepared the site plan (Ext. PW30/A). He seized the case file, inquiry report, and other documents vide memo (Ext. PW2/A). He collected the TD Register and applications for a grant of TD (Ext. PW1/B and Ext. PW1/C) from the ofÏce of DFO vide memo (Ext.

PW1/D). He collected the gift deed (Ext. PW3/A) from the Tehsil ofÏce vide memo (Ext. PW3/B). He seized the documents (Ext. PW4/A) from the ofÏce of Range OfÏcer Kullu vide memo (Ext. PW4/B). He seized the jamabandies (Exts. PW6/A to Ext. PW6/E) vide memo (Ext. PW6/F). He seized the permit book (Ext. PW5/C) vide memo (Ext. PW7/A). He obtained the certified file of the mutation (Ext. PW30/B), certified copy of the sale deed (Ext. PW30/C), the documents of encroachment proceedings against Vidya Devi (Ext. PW30/D to Ext. PW30/G), photocopy of the application of the Vidya Devi (Ext. PW30/H), and photocopy of the application of Totu Ram (Ext. PW30/J and Ext. PW30/K). He obtained the specimen signatures and handwriting of Gulbadan (Ext. PW30/L to Ext. PW30/P). Further investigation was conducted by Nand Kishore (PW20). He produced