Tejinder Singh vs Govinder Singh and Another

Headnote AI-drafted · Reviewed and approved

The petitioner, Tejinder Singh, filed a criminal revision before the Himachal Pradesh High Court challenging the judgment dated 30.11.2021 passed by the learned Sessions Judge (Forests), Shimla, which had upheld the judgment dated 28.8.2015 of the learned Judicial Magistrate First Class, Court No. 6, Shimla. The case arose from a complaint that the accused, Govinder Singh, had purchased two parcels of agricultural land in Village Durgapur, Tehsil Suni, District Shimla, by fraudulently annexing fabricated Krishak Praman Patras (agriculturist certificates) dated 13.11.2007 and 10.6.2008 to sale deeds dated 10.4.2008 and 24.6.2008, in contravention of Section 118 of the H.P. Tenancy and Land Reforms Act.

The prosecution case was that the accused Govinder Singh, not being a bona fide agriculturist and having no land in the areas mentioned in the Krishak Praman Patras, conspired with co-accused Kahan Chand and others to fabricate the certificates to enable the purchase of agricultural land. Investigation revealed that the Patwar Circles mentioned in the certificates did not contain the villages named therein, and the patwaris purportedly issuing the certificates denied doing so. Forensic examination of handwriting and seal impressions was conducted, and a charge sheet was filed against the accused for offences under Sections 120-B, 420, 467, 468, and 471 IPC against Govinder Singh and under Sections 120-B, 201, 467, and 468 IPC against Kahan Chand.

The present revision arose from the concurrent findings of both the Trial Court and the Appellate Court. The High Court examined the matter on the basis of the extensive evidence led by the prosecution, including the testimony of 28 witnesses and documentary exhibits relating to sale deeds, Krishak Praman Patras, revenue records, FSL reports, and recovery memos.

Catchwords: Criminal revision · fabrication of documents · Krishak Praman Patra · agriculturist certificate · land purchase · Section 118 H.P. Tenancy and Land Reforms Act · cheating · forgery · criminal conspiracy · Indian Penal Code · sale deed · Himachal Pradesh · forensic examination · handwriting · patwari