State Of Punjab vs Hira Lal And Ors. on 18 December, 1970
10. Ld. APP for the State assisted by Ld. counsel for the complainant firstly has
submitted the facts of the present case in detail. It is argued that on 23.03.2007, the
accused executed the various documents in presence of the witnesses, relating to
transfer of the property in favour of complainant and receipt of sale consideration,
placed on record as Ex.PW1/A1 to Ex.PW1/A7, however they did not had the intention
to honor the agreement entered between the parties since the very inception. That
acknowledging their consent to the said transaction, sons of accused Hira Lal namely
Sunder and Om Prakash, coaccused in the present case had also signed these
documents and they were also witnessed by PW3 Krishan and PW4 Maan Singh,
who supported the case of the prosecution in the court. That on 07.04.07 accused
State Vs. Hira Lal etc. Case No.2031645/16 4/18
Sunder Singh had given another NOC Ex.PW1/A8 to the complainant regarding his
consent in selling of the property and confirming receipt of his share of money. Again
that on 27.08.07, the accused Hira Lal has given Receipt and possession letter
Ex.PW1/A9 stating there in that he has already given possession of one room to the
complainant and had undertaken to give possession of remaining property in 3 months
after marriage of his daughter. Thereafter the accused avoided the handing over the
possession of remaining property to the complainant on one pretext or another and
finally a Panchayat happened on 01.12.2009 at the house of accused persons, in
presence of 1015 villagers, there a compromise i.e. Panchayatnama Ex.PW1/B1 was
entered between the parties and sale consideration was increased to Rs. 35 Lacs from
20 Lacs and the accused handed over the possession of one more room and the
photographs of the house were taken while handing over the possession. That said
photographs are Ex.PW1/ D1 & D2. It is further submitted that said panchayatnama
Ex.PW1/B1 was written by accused Sunder Singh and in this regard reliance is placed
upon FSL report dated 09.10.2012 filed along with supplementary charge sheet. That
PW4 Maan Singh has proved the panchyat happened on 01.12.2009 and identified
his signature on panchayatnama at point Q5.