The court affirmed that fraudulent sale deeds and conspiracy to misappropriate property constitute serious criminal offenses under IPC, emphasizing the distinction between civil disputes and criminal liability.

O R D E R

This Criminal Revision Case had been filed against the Judgment dated

30.01.2019 passed in Crl.A.No.76 of 2017 by the learned III Additional District and Sessions Judge, Salem dismissing the Appeal and confirming the Judgment of the learned Judicial Magistrate, Omalur in C.C.No.151 of 2010, dated 14.06.2017.

2. The brief facts, which are relevant for consideration of this Criminal Revision Case, are as follows:

3.1. The dispute is with regard to the agricultural land in S.No.80/4 of Ammanichikkanampatti Village within Omalur Taluk. The first Appellant before the learned III Additional District and Sessions Judge, is the first Accused before the learned Judicial Magistrate, Omalur. The first Accused is the mother of the second Accused. Third Accused is the son of the second Accused. Fifth and Sixth Accused are the sons of the fourth Accused. Accused 9 to 11 are the purchasers of the property, who had purchased the said land from the Accused 1 to 8. The Accused 1 to 8 had sold the agricultural land in S.No.80/4 an extent of 2 Acres in the said Village to one Thulasiammal through registered sale deed dated 25.01.1977 for Rs.8,000/- which was registered as Doc.No.63/1977 on the file of the Sub Registrar, Omalur. After purchase, the Purchaser/Thulasiammal enjoyed the property. The purchaser died in the year 1994 leaving behind her only daughter Devaki. Devaki had been enjoying the said property. The said Devaki, during her lifetime had mortgaged the two Acres of land with Thathiyamappatti Co-operative Society for agricultural loan. The daughter of Thulasiammal, Devaki died on 12.01.2005 leaving behind her husband, sons and daughter as legal heirs. After the death of Devaki, daughter of Thulasiammal, Devaki's husband, sons and daughter had partitioned the property on 13.06.2008 by executing the partition deed which was also registered with the Sub Registrar, Omalur, thereby each getting share of 0.40 cents out of two Acres. The father/husband of Devaki was given Rs.10,000/- towards his share. The children and husband of Devaki get a share of 0.40 cents out of two Acres. The children of Devaki had been enjoying the property subsequent to the partition deed dated 30.06.2008. On 11.09.2008, the sons and daughters of Devaki had created the pathway measuring 1¾ cents on request of one adjacent land owner for the use of all the sharers. While so, the Accused 1 to 8 before the learned Judicial Magistrate, Omalur had sold the properties to Accused 9 through registered sale deed dated 03.10.2008 an extent of 1.98 cents in which the Accused 10 and 11 were signatories as witnesses, thereby causing loss to owners of the land. On 03.10.2008, the Accused 1 to 9 had created the forged documents in Ammanichikkanampatti Village, Omalur Taluk, thereby they entered into a conspiracy to create the fraudulent deeds and usurp the property enjoyed by Thulasiammal from the year 1977 and later by her daughter Devaki and her children. Therefore, the Accused 1 to 11 had committed the offences under Sections 120 (b), 465 , 468 r/w. 120 (b) , 420 r/w. 511 of IPC . The son of Devaki had preferred the Complaint with the District Crime Branch based on which the District Crime Branch, Salem had registered the case against the Accused 1 to 9. After the completion of the investigation, the Investigation Officer laid the final report before the Court of the learned Judicial Magistrate against Accused 1 to 11.

3.2. The learned Judicial Magistrate, Omalur had taken cognizance of the offences and taken the final report laid by the Inspector of Police, District Crime Branch, Salem as C.C.No.151 of 2010 and issued summons to the Accused. On appearance of the Accused 1 to 11, the copies were furnished under Section 207 Cr.P.C. After hearing the arguments of the learned Assistant Public Prosecutor and the learned Counsel for the Accused,