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It is necessary to set out briefly the facts of the case. One Narsappa is the son of one Thimmaiah who had an elder brother Nagappa Thimmaiah and Nagappa were the sons of one Thayappa. Nagappa's wife was one Bhimakka alias Bhieamma. Thimaiaha and Nagappa lived for sometime in Underaldoddi. Nagappa purchased lands bearing Survey Nos. 93, 94 and 96 in Underaldoodi. Those lands were in the possession and enjoyment of Narsappa's father Thimmaiah. Subsequently, Nagappa and his wife left Underaldoddi and settled down in Alkur village. 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. According to the terms of the mortgage, Kurbar Bhimayya was to be in possession of the lands for twenty years and surrender possession thereof to the Owner after the expiry of the period. Subsequently, Nagappa and his wife as well as Nagappa's brother Thimmaiah came and settled down at Raichur. Bhimakka alias Bhisamma, the wife of Nagappa, died in or about 1953 and Nagappa died two or three years later. Nagappa's brother also died leaving behind him his son Narsappa as the only heir in the family. Meanwhile Kurbar Bhimayya, the mortgagee and father of Hemareddy alias Vemareddy (A-1) died. Hemareddy alias Vemareddy continued in possession of the lands. Narsappa, son of Nagappa's brother Thimmaiah executed a will in favour of the complainant Narsappa Eliger, bequeathing the aforesaid lands to him.

Narsappa Eliger, the legatee under the will of Thimmaiah's 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. Then Hemareddy alias Vemareddy informed the complainant Narsappa Eliger that he would consider his request a few days later as it was harvesting time. Finding that there was no response from Hemareddy alias Vemareddy, Narsappa Eliger wrote a letter, for which, according to the prosecution, Hemareddy alias Vemareddy sent the reply, Ex. P-3 Subsequently, Narsappa Eliger filed a suit for redemption of the mortgage. Subsequent to the institution of the suit, Narsappa Eliger came to know from Shivareddy (P.W. 12) that Hemareddy alias Vemareddy has purchased the lands in question from Pyatal Bhimakka (A-2) and another and that A-2 had impersonated the real owner Bhimakka, wife of Nagappa, who, as stated earlier, had died in or about 1953. Thereupon, Narsappa Eliger made inquiries in the Office of the concerned Sub-Registrar and learned that the sale deed had been registered on 10-11-1970. After obtaining a registration copy of the sale deed and after making inquiries at Alkur Narsappa Eliger learnt that Pyatal Bhimakka (A-2) had no properties of her own. Narsappa Eliger thereafter filed a criminal complaint in the Court, which was referred to the Police. After investigation, the Sub- Inspector of Police, P.W. 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 conspiracy they put forward Pyatal Bhimakka as Nagappa's wife Bhimakka and got the sale deed executed by her and they thereby committed offences under ss. 120B, 193, 465, 467, 468 and 420 read with s. 114 of the Indian Penal Code. Only Hemareddy alias Vemareddy and Pyatal Bhimakka, A-1 and A-2 were committed to the Court of Sessions at Raichur, and they were found guilty and convicted and sentenced as mentioned above.