PW 6/A i.e. sale deeds dated 19/9/1996 and 14/8/1996, affidavit dated 14/8/1996 accounting opening form dated 21/8/1996 and specimen signature cards of the Indian Overseas Bank.
PW 5/A and Ex.
Kochar introduced the appellant to him.
PW 9 Anjit Singh s o. Gurdarshan Singh stated that he has signed as attesting witness on both the sale deeds.
The appellant was tried by the Judicial Magistrate, First Class, Faridabad for offences under Sections 420, 467, 468 and 471 of the Indian Penal Code for short, the IPC .
He stated that he signed on the said sale deed as attesting witness.
The sale deeds Ex.
PW6/A and another dated 19/9/1996 Ex.
PW 4 S.I. Dharampal took possession of the two sale deeds and affidavits from Gurdarshan Singh.
PW 5/A and Ex.
Kewal Krishan Loomba further alleged that the appellant along with the said Gurdarshan Singh, Advocate D.P. Singh Tomar and Advocate Rajinder Singh and others companyspired and dishonestly executed these two sale deeds in favour of Gurdarshan Singh.
The report states that after companyparing Q1 to Q24 with the specimen signatures of Kewal Krishan as well as the appellant i.e. S1 to S6 and S7 to S10, it is found that the signatures S1 to S6 given by Kewal Krishan did number match with the signatures Q1 to Q24 on registered sale deeds dated 14/8/1996 and 19/9/1996, affidavit dated 14/8/1996, specimen signature cards and account opening form of Indian Overseas Bank dated 21/8/1996.
Being aggrieved by the said companyviction and sentence, the appellant filed a criminal revision in the Punjab Haryana High Court.
In default of payment of fine, he was directed to undergo simple imprisonment for one month.
PW 10 Om Prakash stated that he is employed at BSOI, Dhaula Kuan.
He identified the appellant in the companyrt as the person, who posed as Kewal Krishan.
In default of payment of fine, he was directed to undergo simple imprisonment for one month.
PW 5/A and Ex.
The appellant was further companyvicted under Section 467 of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.3,000/ .
The substantive sentences were ordered to run companycurrently.
According to Kewal Krishan Loomba, he came to know about this forgery and impersonation only when Gurdarshan Singh filed written statement in the companyrt of Civil Judge, Faridabad on 26/2/1997 setting out these facts.
He identified the appellant in the companyrt as the same person, who executed the said sale deed by posing as Kewal Krishan Loomba.
He stated that the account opening form bears his signature and the signature and photo of the appellant.
PW 6/A from one Kewal Krishan for companysideration of Rs.80,000/ and Rs.95,000/ respectively by cheques.
The report further states that the specimen signatures S7 to S10 of the appellant are similar to Q1 to Q24 found on the documents Ex.
Hence, this appeal.
Branch and signed on a bank account opening form.
PW 8 Gurdarshan Singh companyfirmed that he purchased the lands in question vide sale deeds Ex.
PW 6/A. PW 5 Advocate Virender Pratap Tomar and PW 9 Anjit Singh the attesting witnesses of sale deed dated 19/9/1996 stated that the appellant posed as Kewal Krishan and executed the sale deeds in question after signing them as Kewal Krishan.
PW 5/A and Ex.
The appellant challenged the said order before the Additional Sessions Judge, Faridabad.
He stated that the sale companysideration was Rs.80,000/ and Rs.95,000/ .
He stated that the appellant refused to participate in the identification parade.
By the impugned judgment, the High Court dismissed the revision.
By order dated 23/3/2007, learned Magistrate companyvicted the appellant under Section 419 of the IPC and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.2,000/ .
He identified his signatures on the sale deeds.
He stated that they wanted to open a bank account and on request of the appellant, he introduced him to Indian Overseas Bank, Delhi Cantt.
He stated that the appellant posing as Kewal Krishan executed those sale deeds in favour of Gurdarshan Singh.
PW5/A in respect of land belonging to him situate at Village Anangpur, Tehsil and District Faridabad in favour of one Gurdarshan Singh.
Learned Sessions Judge by his order dated 10/11/2009 companyfirmed the companyviction and sentence and dismissed the appeal.
PW 6 Advocate Rajinder Singh stated that on 14/8/1996, a sale deed vide Vasika No.6265 dated 14/8/1996 was registered by one Kewal Krishan in favour of Gurdarshan Singh.
He identified the appellant as the same person who posed as Kewal Krishan and executed the sale deeds.
He stated that the appellant and Kewal Krishan are known to him.
Similarly, the attesting witnesses PW 6 Advocate Rajinder Singh and PW 9 Anjit Singh stated that the appellant signed as Kewal Krishan and executed the sale deed dated 14/8/1996.
PW 6/A bearing the photographs of the appellant were signed by the appellant as Kewal Krishan.
RANJANA PRAKASH DESAI, J. Leave granted.
The prosecution has placed on record FSL Report Ex PX which states that the specimen signatures of Kewal Krishan marked as S1 to S6 and specimen signatures of the appellant marked as S7 to S10 were companypared with signatures Q1 to Q7 on registered sale deed dated 19/9/1996, Q8 to Q15 on registered sale deed dated 14/8/1996, Q16 to Q19 on specimen signature cards of Indian Overseas Bank, Q17 and Q18 on affidavit dated 14/8/1996 and Q20 to Q24 on account opening form of Indian Overseas Bank dated 21/8/1996.
PW 3 Khem Chand duly proved the registration of sale deeds Ex.
This appeal, by special leave, is directed against judgment and order dated 19/01/2010 passed by the High Court of Punjab and Haryana in Criminal Revision No.162 of 2010 whereby the High Court dismissed the petition filed by the appellant.
According to the prosecution, one Kewal Krishan Loomba lodged a companyplaint with the Police Station NIT Faridabad on 1/5/1997 stating that the appellant personated as Kewal Krishan Loomba and executed two sale deeds one dated 14/8/1996 Ex.
PW 5 Advocate Virender Pratap Tomar stated that on 19/9/1996, a sale deed was executed by one Kewal Krishan Loomba before the Sub Registrar in favour of Gurdarshan Singh.
To prove its case, the prosecution examined 10 witnesses.
This is duly proved by the evidence of PW 5 Virender Pratap Tomar, PW 6 Advocate Rajinder Singh, PW 9 Anjit Singh and FSL Report Ex PX .
The evidence of PW 7 U.D. Sharma and PW 10 Om Prakash establish that the appellant opened Saving Bank A c. No.16206 in the name of Kewal Krishan and signed the account opening form and specimen signature cards as Kewal Krishan.
