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Per contra, the counsel for the respondents submitted that that land belongs to the complainants and the applicants, by executing a sale deed, have sold the said land and, therefore, they have committed the offences punishable under Sections 420,467,468 and 471 r/w Section 120-B of IPC.

Heard the learned counsel for the parties. Forged document has been defined under Section 470 of IPC which reads as under:-

"470. Forged [document or electronic record]. - A false [document or electronic record] made wholly or in part by forgery is designated "a forged [document or electronic record]".

Explanation 2. --The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Explanation 3.-- For the purposes of this section, the expression "affixing [electronic signature]" shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000.] Thus, it is clear that in order to attract the provisions of Sections 467 and 471 of IPC, forgery is the basic ingredient and in order to commit forgery, making of a false document is essential. Therefore, now the only question is that by executing the sale deed whether the applicants have committed any offence punishable under Sections 467 and 471 of IPC.

The complainants cannot be said to have been cheated by forgery, therefore, no offence under Section 468 of IPC can be said to have been made out.

The Supreme Court in the case of Mohammed Ibrahim & Ors. v. State of Bihar & anr. reported in (2009) 8 SCC 751 has held as under:-

"11. Section 470 defines a forged document as a false document made by forgery. The term "forgery" used in these two sections is defined in section 463. Whoever makes any false documents with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into express or implied contract, or with intent to commit fraud or that the fraud may be committed, commits forgery.

In short, a person is said to have made a `false document', if (i) he made or executed a document claiming to be someone else or authorised by someone else; or (ii) he altered or tampered a document; or (iii) he obtained a document by practicing deception, or from a person not in control of his senses.

15. The sale deeds executed by first appellant, clearly and obviously do not fall under the second and third categories of `false documents'. It therefore remains to be seen whether the claim of the complainant that the execution of sale deeds by the first accused, who was in no way connected with the land, amounted to committing forgery of the documents with the intention of taking possession of complainant's land (and that accused 2 to 5 as the purchaser, witness, scribe and stamp vendor colluded with first accused in execution and registration of the said sale deeds) would bring the case under the first category.