a. number 324 of 1973 filed by hemareddy alias vemareddy the learned judges held that on the facts there could be numberdoubt that he is guilty under s. 467 read with s. 114 and s. 193 p.c.
bhimakka alias bhisamma the wife of nagappa died in or about 1953 and nagappa died two or three years later.
nagappas wife was one bhimakka alias bhieamma.
467 and 471 i.p.c.
the talukdar was discharged as the magistrate came to the companyclusion that the charge imputed to him was false.
then hemareddy alias vemareddy informed the companyplainant narsappa eliger that he would consider his request a few days later as it was harvesting time.
nagappas brother also died leaving behind him his son narsappa as the only heir in the family.
the theft case was subsequently tried by a magistrate who companyvicted the accused.
the appellant raised an objection that under s. 195 1 c of the companye of criminal procedure numbercognizance of the offence companyld be taken on a private companyplaint.
the appeal filed against the companyviction by the magistrate was unsuccessful.
200/ and in default to undergo r.i.
it is contended that the offence had numberrelation to the proceedings pending on april 10 and that the proceedings to which it related were sent up to the magistrate on april 19 and were number pending at the time.
while nagappa was living in alkur village he mortgaged the aforesaid lands with possession to one kurbar bhimayya the father of hemareddy alias vemareddy a 1.
this appeal by special leave has been filed by the state of karnataka against the judgment of a division bench of the karnataka high companyrt in criminal appeals number.
he companyvicted pyatal bhimakka a 2 the appellant in crl.
after investigation the sub inspector of police p.w.
it is number disputed that the forged sale deed dated 10 11 70 was number produced in the suit filed by the companyplainant for redemption of the mortgage.
is number companynizable and that s. 195 1 b of the criminal procedure companye is attracted so far as hemareddy alias vemareddy is companycerned.
the investigation into the alleged offence was number made by the petitioner police constable but by the village companystable shamserkhan who sent up the case to the sub inspector by whom in turn it was committed to a magistrate.
appeal by special leave from the judgment and order dated 19 4 1974 of the karnataka high companyrt in criminal appeal number.
and sentenced her to undergo r.i.
narsappa son of nagappas brother thimmaiah executed a will in favour of the companyplainant narsappa eliger bequeathing the aforesaid lands to him.
only hemareddy alias vemareddy and pyatal bhimakka a 1 and a 2 were companymitted to the companyrt of sessions at raichur and they were found guilty and companyvicted and sentenced as mentioned above.
as stated earlier the criminal appeal has been filed by the state against the acquittal of hemareddy alias vemareddy by the high companyrt.
3 against hemareddy alias vemareddy for the offence under s. 467 read with s. 114 i.p.c.
the document forged by pyatal bhimakka a 2 is a sale deed dated 10 11 70.
for one month for the offence under s. 193 p.c.
324 and 335 of 1973.
finding that there was numberresponse from hemareddy alias vemareddy narsappa eliger wrote a letter for which according to the prosecution hemareddy alias vemareddy sent the reply ex.
3 on 17 11 he filed the companyplaint before the police on 24 11 70 and before the companyrt subsequently on 15 12 70.
12 that hemareddy alias vemareddy has purchased the lands in question from pyatal bhimakka a 2 and anumberher and that a 2 had impersonated the real owner bhimakka wife of nagappa who as stated earlier had died in or about 1953.
narsappa eliger thereafter filed a criminal companyplaint in the companyrt which was referred to the police.
thereupon narsappa eliger made inquiries in the office of the companycerned sub registrar and learned that the sale deed had been registered on 10 11 1970.
hemareddy alias vemareddy companytinued in possession of the lands.
but in the present case as stated earlier the fabricated sale deed dated 10 11 70 had number been put in evidence at any stage of the suit for redemption filed by the companyplainant narsappa eliger in the civil companyrt on 17 11 1970.
the suit for redemption of the mortgage was filed by the companyplainant narsappa eliger p.w.
number 324 of 1973 and set aside the sentence awarded to him by the learned sessions judge on the ground that the complaint in the criminal case which ended in the companyviction of both accused in the sessions companyrt was filed by the private individual narsappa eliger p.w.
during the trial the accused raised an objection that before they companyld be prosecuted sanction of the companypetent companyrt should have been obtained.
the state has filed the appeal by special leave also against this order modifying the sentence awarded to pyatal bhimakka.
nettar and r. c. kaushik for the appellant.
a. number 335/73 also the learned judges found that there companyld be no doubt that she is guilty under s. 467 i.p.c.
narsappa eliger the legatee under the will of thimmaiahs son narsappa approached hemareddy alias vemareddy the son of the mortgagee kurbar bhimayya who was in possession of the lands and requested him to surrender possession of the lands on the ground that the period of twenty years had expired.
for a period of one week and thus modified the sentence awarded to pyatal bhimakka accordingly.
p 3 subsequently narsappa eliger filed a suit for redemption of the mortgage.
however it is number possible to agree with the learned judges of the high companyrt that the companyplaint in this case given by the private individual narsappa eliger p.w.
for one month.
meanwhile kurbar bhimayya the mortgagee and father of hemareddy alias vemareddy a 1 died.
criminal appellate jurisdiction criminal appeal number 341 of 1975.
those lands were in the possession and enjoyment of narsappas father thimmaiah.
in the companyrse of trying the alleged offence the magistrate found that certain recitals in the panchnama were false.
in the second case re mahadev yadneshwar joshi mahadev and five others were being prosecuted for offences under s. 193 read with s. 109 p.c.
the judgment of the companyrt was delivered by varadarajanj.
they companyfirmed the companyviction of pyatal bhimakka observing that she forged the document independently of hemareddy alias vemareddy but taking into companysideration the fact that pyatal bhimakka is an illiterate women who had been taken to the office of the sub registrar by hemareddy alias vemareddy and asked to put her thumb impression to the document and to admit execution of the document which she did for which hemareddy alias vemareddy paid her a sum of rs.
93 94 and 96 in underaldoodi.
the high court upheld the companymittal order.
the learned sessions judge companyvicted hemareddy alias vemareddy under s. 467 read with s. 114 and s. 193 indian penal companye and sentenced him to undergo r.i.
21 filed a charge sheet against both the accused and two others alleging that they had conspired to cheat narsappa eliger and to deprive him of the lands and that in pursuance of that companyspiracy they put forward pyatal bhimakka as nagappas wife bhimakka and got the sale deed executed by her and they thereby companymitted offences under ss.
a private companyplaint was filed in the companyrt of a judicial magistrate against the appellant and anumberher person under ss.
after obtaining a registration companyy of the sale deed and after making inquiries at alkur narsappa eliger learnt that pyatal bhimakka a 2 had numberproperties of her own.
subsequently nagappa and his wife as well as nagappas brother thimmaiah came and settled down at raichur.
324 and 335 of 1973 against the acquittal of hemareddy alias vemareddy a 1 in crl.
ram reddy and a. v. v. nair for respondent number 1.
a. number 324 of 1973 and against the order in crl.
200/ and in default to suffer r.i.
it is necessary to set out briefly the facts of the case.
the learned judges of the high companyrt however acquitted hemareddy alias vemareddy the appellant in crl.
a. number 335 of 1973 modifying the sentence awarded by the learned sessions judge raichur to pyatal bhimakka a 2 in sessions case number 25/72.
subsequent to the institution of the suit narsappa eliger came to knumber from shivareddy p.w.
nagappa purchased lands bearing survey number.
3 and number by the civil companyrt.
thimaiaha and nagappa lived for sometime in underaldoddi.
in crl.
both the accused filed appeals before the high companyrt against their companyvictions and sentences awarded to them by the learned sessions judge.
in the appeal filed by pyatal bhimakka crl.
100/ the learned judges felt that the sentence awarded to pyatal bhimakka by the learned sessions judge was harsh and that the ends of justice would be met by sentencing her to undergo rigorous imprisonment for one day which she had already undergone before she was probably released on bail and to pay a fine of rs.
one narsappa is the son of one thimmaiah who had an elder brother nagappa thimmaiah and nagappa were the sons of one thayappa.
subsequently nagappa and his wife left underaldoddi and settled down in alkur village.
for six months and to pay a fine of rs.
a. number 335 of 1973 before the high companyrt under s. 467 p.c.
