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3. The facts giving rise to present application are that the respondent No.2 original complainant resided in Zambia since 1954. The mother of respondent No.2 viz. Paliben @ Parvatiben Lallubhai Nayak resided with brother of the respondent No.2 since long and owned the land bearing survey No.239, 240 (Block No. 280) admeasuring 14,500/- square meters in Village Jol. The brother of the respondent No.2 namely Babubhai Lallubhai Nayak in connivance with other persons forged a bogus will of respondent No. 2's mother Paliben with intention of NEUTRAL CITATION R/CR.MA/17944/2022 JUDGMENT DATED: 24/04/2025 undefined grabbing the said land. The will was executed in the presence of witnesses being accused Nos.6 and 7. 3.1 The mother of respondent No.2 passed away on 13.02.1988 and thereafter, on 14.02.1989 on the basis of said bogus will, Babubhai Lallubhai Nayak got his name entered into the revenue records by revenue entry No. 1560 dated 14.2.1989 with forged signature of respondent No.2 and another brother Ramanbhai Lallubhai Nayak. Then in 1992 brother of respondent No.2 - Babubhai Lallubhai Nayak died and on the basis of death of Babubhai Lallubhai Nayak, names of his legal heirs were mutated and subsequently in 2012 i.e. on 5.1.2012, the said land was sold to one Ramanben Bhikhubhai Patel at village Dungarpura, Tal. Kamrej, Dist. Surat, wherein present applicants had signed as witnesses, though they were aware that will executed by the mother Paliben in favour of Babubhai Lallubhai Nayak was forged however, instead of knowing the said facts, they had signed the sale deed.

10. Further, the report dated 25.1.2024 produced by the Ms. Patel, learned APP is taken on record. From bare perusal of the report filed by the Investigating Officer, the allegation against present applicants is that the applicants were aware that on the basis of the bogus will, the entry was mutated in favour of deceased Babubhai NEUTRAL CITATION R/CR.MA/17944/2022 JUDGMENT DATED: 24/04/2025 undefined Lallubhai Nayak and subsequently, in favour of legal heirs of the deceased Babubhai Lallubhai Nayak and on 5.1.2012, the legal heirs of the deceased Babubhai Lallubhai Nayak have sold the said agriculture land to one Ramanben Bhikhubhai Patel, wherein present applicants have singed as a witnesses in the sale deed and have actively participated in the proceedings. Meaning thereby, except signatory to the sale transaction, no other allegations are made against present applicants. Even during the course of investigation, nothing was found against present applicants.