The High Court dismissed an application for leave to appeal against an acquittal. The court held that the complainant failed to prove the respondent's posting as Patwari or produce the disputed jamabandi, making no ground for appeal.
Leave to appeal under Section 378(4) CrPC was denied and the application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM.A.No.558-MA of 2008 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CRM.A. No.558-MA of 2008 (O&M) Date of Decision:July 12, 2010
Harbans Singh
...........Appellant
Versus
Bhupinder Singh ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.R.D.Bawa, Advocate for the applicant-appellant. Mr.P.S.Sekhon,Advocate for the respondent
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Sabina, J.
Complainant-Harbans Singh filed a complaint under Sections 420/466/467/468/471 of the Indian Penal Code (for short `IPC') against accused-Bhupinder Singh respondent. Vide judgment dated 12.8.2008 passed by the Sub Divisional Judicial Magistrate, Dhuri respondent-Bhupinder Singh was acquitted of the charge framed against him. Hence, the complainant-appellant has filed this application under Section 378(4) of the Code of Criminal Procedure for grant of leave to file an appeal against the order mentioned above.
CRM.A.No.558-MA of 2008 (O&M)
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Brief facts of the case, as noticed by the trial Court, in para 1 of its judgment, are reproduced here in below:-
“ 1.The complainant has filed the present complaint against the accused on the allegations that Karnail singh son of Ganda Singh, resident of Village Cheema was owner in possession of 1/3 share of land measuring 54 bighas 2 biswas and he sold 8 bighas 12 biswas to the complainant and his brother by way of registered sale deed dated 19.5.94 and mutation was also sanctioned in their favour. It was alleged that accused Bhupinder Singh was posted as Patwari in May, 1994 at Village Cheema. It was further alleged that Karnail Singh had already mortgaged Khasra No. 184 measuring 6 bighas for a sum of Rs.15,000/- to State Bank of India and mutation was also sanctioned in favour of the Bank on 27.3.89 but the copy of the jamabandi for the year 1990-91 which was issued by the Patwari to Karnail Singh has shown the said Khasra number free from any encumbrance and accused and Karnail Singh (now dead) have cheated the complainant by producing a forged and fabricated jamabandi. State Bank of Patiala also filed a suit and execution against Karnail Singh pertaining to that Khasra number. Complainant and his brothers filed the objection, which were dismissed by the Court. Hence, this complaint.”
After hearing the learned counsel for the appellant, I am of the opinion that the application for leave to appeal against judgment dated 12.8.2008 is liable to be dismissed.
The learned trial Court has acquitted the respondent as the
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CRM.A.No.558-MA of 2008 (O&M)
complainant had failed to establish that the respondent was posted as Patwari during the relevant period and had failed to prove on record the jamabandi in dispute. Although now, the appellant has placed on record Annexure A1, as per which, the respondent was posted in Patwar Circle Mimsa/Cheema with effect from 3.6.1992 upto 10.7.2001 yet the fact remains that the applicant-appellant has failed to prove on record the relevant jamabandi in question. The learned trial Court had, thus, rightly acquitted the accused of the charge framed against him. No ground is made out to grant leave to file an appeal.
Accordingly, this application is dismissed.
(Sabina) Judge
July 12 , 2010 arya
2 issues framed by the court
Whether leave to appeal under Section 378(4) CrPC should be granted given failure to establish the Patwari's posting and prove the disputed jamabandi.
If the trial court rightly acquitted the accused due to failure of the complainant to prove essential facts.
2 provisions across 2 enactments
Harbans Singhsingh
Bhupinder Singh
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
