RANCHI, India, Sept. 7 -- Jharkhand High Court issued the following order on Aug. 7:
1. Heard Mr. Sidhartha Roy, learned counsel for the petitioner and Ms. Mahua Palit, learned counsel for the State.
2. This criminal revision is directed against the judgment dated 31.05.2001 passed by the learned 3rd Judicial Commissioner, Ranchi in Criminal Appeal No.76 of 1995, whereby, the appeal has been dismissed with some modification of the sentence, which was against the judgment of conviction dated 08.08.1995 passed by the learned Judicial Magistrate, 1st Class, Ranchi in G.R. Case No.594 of 1987 under Sections 409 and 420 of the Indian Penal Code, whereby, the learned trial court has been pleased to sentence the appellant to undergo R.I. for three years under Section 409 of the Indian Penal Code and to undergo R.I. for two years under Section 420 of the Indian Penal Code and further direction has been made that all the sentences will run concurrently and the appellate Court has been pleased to reduce and modified the sentence under Section 409 of the Indian Penal Code from three years to two years and under Section 420 of the Indian Penal Code from two years to one year.
3. Learned counsel for the petitioner submits that the FIR was lodged by the informant, namely, Gopal Kshatri alleging therein that the informant was owner of land bearing R.S. Plot No.2651/A Khata No.239 area 21 Katha bearing Ranchi Municipal Corporation Holding No.2162/3, Ward No.VII C, Booty Road, Ranchi. It was alleged that the petitioner and informant entered into an agreement for sale of the said property either to him or any body through him for a consideration of Rs.3,25,000/-. He further submits that it was also alleged that the petitioner made payment of advance of Rs.25,000/- and later on, on the request of the petitioner the informant agreed to sale the said land in favour of Militalimi Mission, Ranchi for consideration of Rs.3,00,000/- and, accordingly, permission was obtained from the Income Tax Department and clearance certificate was granted on 19.12.1986. He submits that it was further alleged that as the informant was not keeping good health, the petitioner requested the informant to execute a power of attorney in his favour. The informant executed a General Power of Attorney in favour of the petitioner for the purpose of selling the property and it was also mentioned therein that the land should not be sold less than the price agreed upon. It was also alleged that subsequently the petitioner executed a sale deed in favour of his wife, namely, Khatija Khatoon with respect to the said property in the capacity of attorney of the informant on payment of consideration of Rs.2,000/-. When the informant came to know about it, the FIR has been lodged by the informant. He then submits that after taking cognizance on 06.08.1990 of the offences under Sections 409 and 420 of the Indian Penal Code, charges were framed and the learned Court has found the petitioner guilty under Section 409 and 420 of the Indian Penal Code and the wife of the petitioner, namely, Khatija Khatoon was found guilty under Section 420 of the Indian Penal Code for conniving with her husband and committed cheating and dishonestly induced the informant to execute the power of attorney and by changing the words in the power of attorney.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oMtG67rmiKREdSyGbPkMYWqSq%2BjhDO%2BOl8RNZmYn3KE9AriHsbh4M8gqO%2B05JZOy&caseno=Cr.Rev./283/2001&cCode=1&cino=JHHC010194162001&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
