IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANJULI PALO ON THE 11th^. Day OF MAy, 2022 CRIMINAL APPEAL No. 3021 of 2020 Between:-

1. REVJI S/O BABU , AGED ABOUT 70 YEARS, OCCUPATION: LABOUR RIDHOURA P.S MULTAI, DISTRICT BETUL (MADHYA PRADESH) 2. OCHHA S/O GOPAL , AGED ABOUT 49 YEARS, OCCUPATION: LABOUR RIDHOURA P.S MULTAI, DISTRICT BETUL (MADHYA PRADESH)

3. AMARLAL S/O SHYAMRAO , AGED ABOUT 37 YEARS, RIDHOURA P.S MULTAI, DISTRICT BETUL (MADHYA PRADESH)

4. RADHELAL S/O REVJI , AGED ABOUT 34 YEARS, OCCUPATION: LABOUR RIDHOURA P.S MULTAI, DISTRICT BETUL (MADHYA PRADESH)

APPELLANTS (BY SHRI PRADEEP SINGH CHOUHAN, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THR POLICE STATION MULTAI DISTT. BETUL (MADHYA PRADESH)

RESPONDENT (BY SHRI D.K. PAROHA, GOVT. ADVOCATE)

AND CRIMINAL APPEAL No. 2911 of 2020 Between:-

SHRILAL S/O BABU , AGED ABOUT 67 YEARS, GRAM RIDHORA P.S. MULTAI DIST BETUL (MADHYA PRADESH)

APPELLANT (BY SHRI ABHINAV DUBEY, ADVOCATE)

AND THE STATE OF MADHYA PRADESH THR P.S. MULTAI DIST BETUL P.S. MULTAI DIST BETUL (MADHYA PRADESH)

RESPONDENT (BY SHRI D.K. PAROHA, GOVT. ADVOCATE)

These appeals coming on for final hearing this day, the court passed the following: -

JUDGMENT

The Criminal Appeal No.2911/2020 has been filed by the appellant-Shrilal against his conviction under Sections 420/120- B, 467/120-B, 468/120-B & 471/120-B of the I.P.C. Criminal Appeal No.3021/2020 has been filed by co-accused/appellants, namely, Revji, Ochha, Amarlal and Radhelal against their conviction Sections 420/120-B, 467/120-B, 468/120-B & 471/120-B of the I.P.C. Both the appeals have been heard together and are being decided by this common judgment.

2. These appeals have been filed against the judgment dated 16.03.2020 passed by the First Additional Sessions Judge, Multai, District Betul in Sessions Trial No.204/2015, whereby appellants have been convicted and sentenced as under :-

3. Both the cases were heard analogously and are being decided by this common order.

4. The prosecution story in brief is that the complainants made written complaint that the appellants-accused persons by making forged and fabricated documents/consent papers regarding consent of complainant Kaluram and then on 01.08.2014 they withdrawn the amount of Rs.19,48,886/- from the Punjab National Bank, Branch Dunava. On the basis of complainant, the police registered Crime No.643/2014 for the offences punishable under Sections 420, 463, 464, 467, 468, 471, 120-B & 34 of the I.P.C. against the appellants. However, on completion of investigation, charge-sheet was filed against the appellant before the concerned Court.

5. After committal of the case, learned trial Court framed the charges under Sections 420/120-B, 467/120-B, 468/120-B & 471/120-B of the I.P.C. against the appellants. Appellants pleaded their innocence and did not examine any witness. The learned Trial Court found the appellants guilty of committing aforesaid offences and sentenced them as mentioned above.

6. Prosecution story in brief is that the complainant Kaluram made a written complaint to the effect that land bearing Khasra No. 766 area about 8 acres is their joint property. The aforesaid land was acquired by the State Government for construction of Badam Doh Reservoir. In lieu of acquisition, the amount of Rs. 19,48,886/- was granted as compensation vide cheque No. 0016478. which was in the name of all the account holders. Aforesaid cheque was received by Rewaji appellant who deposited the same for encashment in the account No. 1057001700015131, in Punjab National Bank, Branch Dunava. No objection was received