SUPREME COURT OF INDIA
KAILASH MANGAL – Appellant
Versus
RAMESH CHAND(DEAD)TH.LEGAL REPRESENTATIV – Respondent
Crl.A. No.-000240-000240 / 2015
20-01-2015
S. NARAIN & CO.(MRS. ) VIPIN GUPTA
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 240 OF 2015
(Arising out of SLP (CRL.) NO.1887/2011)
KAILASH MANGAL
... APPELLANT(S)
VERSUS
RAMESH CHAND (D) TH. LEGAL REPRESENTATIVE ...RESPONDENT(S)
O R D E R
Leave granted.
2.
Challenging the correctness of the judgment in
Criminal Appeal No. 336-SBA of 2008 dated 14.10.2010, in and
by which, the High Court of Punjab & Haryana at Chandigarh,
convicted the appellant under Sections 193 and 419 of the
Indian Penal Code, the appellant has preferred this appeal.
3.
Brief facts in nutshell are that the appellant and
the respondent are real brothers. One Surinder Kumar, who
is the maternal uncle of the appellant, has filed Civil Suit
No. 181 of 1987 against his sister Smt. Champa Devi and
others on 01.10.1987, interalia praying for a declaration
that he is the owner of a shop being No. 108, Ward 1, Old
Mandi, Tohana, to the exclusion of his sister. During the
pendency of the suit, Champa Devi, the mother of the
appellant and the respondent passed away on 14.07.1990.
Digitally signed by
Vinod Kumar
Date: 2015.02.05
15:36:02 IST
Reason:
Signature Not Verified
2
Upon her demise, the appellant, who is the elder son of
Champa Devi, filed an application in the civil court for
bringing on record himself and the respondent along with
four sisters as the legal heirs of deceased Champa Devi.
While moving the application, instead of naming himself and
his younger brother Ramesh Chand, it appears that the
appellant has stated his name as Ramesh Chand alias Kailash
Mangal i.e. showing them as one person instead of two
persons. It is stated that after some time, the respondent
moved an application for correcting the said mistake and the
same was ordered. The suit filed by Surinder Kumar was
decreed in his favour.
4.
When the matter stood thus, nearly after four
years of the aforesaid decree, on 15.1.1994, the respondent
filed a private complaint against the appellant under
Section 340 of the Cr.P.C. alleging that by filing a false
affidavit before the civil court, the appellant has
committed offences punishable under Sections 416, 419, 191,
192 and 193 of the IPC and also for initiation criminal
proceedings against the appellant. The said private
complaint was taken on file and the trial proceeded. After
consideration of the evidence on record, the trial court
convicted the appellant under Sections 193 and 419 of the
IPC and sentenced him to undergo rigorous imprisonment for a
period of two years and to pay a fine of Rs.300/-. Against
this order, the appellant has filed appeal before the Court
of Additional Sessions Judge, Fatehabad, which set aside the
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conviction of the appellant on the ground that the private
complaint is not maintainable. Aggrieved by the acquittal
of the appellant, the respondent has filed an appeal before
the High Court of Punjab & Haryana at Chandigarh, which vide
impugned judgment, allowed the appeal and set aside the
order of acquittal passed by the first appellate court and
restored the judgment of conviction of the appellant under
Sections 193 and 419 of the IPC. The High Court directed
that the appellant be released on probation on furnishing
personal bonds in the sum of Rs.20,000/- (Rupees Twenty
Thousand Only) with one surety of the like amount to the
satisfaction of the trial court, subject to certain terms
and conditions.
5.
We have heard learned counsel for the appellant
and the learned counsel for the respondent.
6.
The Main contention urged by the learned counsel
for the appellant is that so far as the offences committed
in relation to the proceedings before the civil court, in
terms of Section 195(1)(b)(i) of the Code of Criminal
Procedure, (for short 'Cr.P.C') for the offences punishable
under Sections 193 to 196,199, 200 to 211 and 228 of the
IPC, is concerned the court shall take cognizance only on
the co