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2025 Supreme(Online)(P&H) 4657
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARISH CHANDER – Appellant
Versus
STATE OF HARYANA – Respondent
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
1 CRR-339-2010 HARISH CHANDER ... Petitioner VERSUS STATE OF HARYANA ... Respondent
2 CRR-529-2010 CHANAN SINGH ... Petitioner VERSUS STATE OF HARYANA ... Respondent A N D
3 CRR-557-2010 Judgment reserved on: 08.09.2025 Judgment Pronounced on: 17.09.2025 RAJA RAM AND OTHERS ... Petitioners VERSUS STATE OF HARYANA ... Respondent CORAM: HON'BLE MR. JUSTICE H.S. GREWAL.
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Present: Mr. Atul Lakhanpal, Sr. Advocate with Mr. Karan Jangra, Advocate for the petitioner in CRR-339-2010.
Mr. S. S. Narula, Advocate for the petitioner in CRR-529-2010.
Mr. Rakesh Nehra, Sr. Advocate with Mr. Lakshay Malik and Mr. Vikalp Hooda, Advocates for the petitioners in CRR-557-2010.
Mr. Tapan Masta, Addl. A.G., Haryana.
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H.S. GREWAL, J.
By virtue of this common order, this Court shall decide all abovementioned criminal revisions since the same have arisen out of the same dispute. For the sake of brevity and convenience, the facts are, however, extracted from CRR-339-2010.
The said revision petition has been preferred by the petitioner against the judgment of conviction dated 02.11.2007 and order of sentence dated 05.11.2007 passed by the then learned Chief Judicial Magistrate, Fatehabad in case bearing No.322-1 of 1996 titled as State Versus Prem Kumar @ Kala and others, arising out of FIR No.255 dated 22.07.1996 under Sections 420, 466, 467, 468 and 471 of IPC registered at Police Station Sadar Fatehabad; and subsequent judgment dated 28.01.2010 passed by the then Sessions Judge, Fatehabad whereby the appeals filed by petitioners had been dismissed. The petitioners have been sentenced by the trial Court as under:
Sr. No.
Offences
Sentence.
1.
U/S 120-B read with Sections 420, 466, 467, 468 and 471 of IPC
All the convicts to undergo rigorous imprisonment for three years and to pay a fine of Rs.2000/- each. In default in making the payment of fine, they shall further
undergo rigorous imprisonment for six months.
2.
U/s 420 IPC
All the convicts to undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/- each. In default of payment of fine, they shall further undergo rigorous imprisonment for three months.
3.
U/s 466 IPC
Convict Harish Chander to undergo RI for two years and to pay a fine of Rs.500/- and in default of payment of fine, he shall further undergo RI for two months.
4.
U/s 467 IPC
Convict Harish Chander to undergo RI for three years and to pay a fine of Rs.1,000/- and in default of payment of fine, he shall further undergo RI for four months.
5.
U/s 468 IPC
Convict Harish Chander to undergo RI for two years and to pay a fine of Rs.500/- and in default of payment of fine, he shall further undergo RI for two months.
6.
U/s 471 IPC
Convicts Raja Ram, Subhash Chander, Prem Kumar and Chanan Singh to undergo RI for one year and to pay a fine of Rs.2,000/- each and in default of payment of fine, they shall further undergo RI for one month.
All sentences were ordered to run concurrently.
2. In brief, the controversy involved in the present petition is that the accused/petitioners, in connivance with each other got forged a judgment and decree sheet dated 07.08.1989 alleged to be passed in Civil Suit No.864 of 1989 titled as Subhash Chander and Another Versus Bhagwan Devi and Others by the Court of Shri Jagdev Singh, the then Sub Judge IInd Class, Hisar and on the basis of said forged decree sheet, petitioners Subhash Chander and Prem Kumar got a mutation No.2303 dated 12.06.1992 sanctioned from AC-II Grade Fatehabad and thereby, fraudulently sought transfer of 14 kanals of land belonging to complainant Krishan Lal in their favour. The controversy came to light when complainant Krishan Lal moved an application for seeking certified copies of judgment and decree dated 07.08.1989 passed in Civil Suit No.864 of
1989, where
