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Court awards five years imprisonment
Father-in-law cheats widow daughter-in-law by preparing forged documents
12/25/2007 11:45:46 AM
Early Times Reporter
Ramban | Dec 25
Additional Sessions Judge Ramban Akram Choudhary awarded imprisonment to Mohd Shafi r/o Chamalwas for a period of 5 years and fine Rs 5000. Court also convicted Mohd Yousuf Shah and Ghulam Jeelani for the period of 3 years and fine Rs 5000 each for the offence punishable u/s 467/ 109 RPC.
According to the prosecution case Zubeda Begum wife of Lt Shakeel Ahmed Sohil r/o Dhak Dhanmasat; Chamalwas Tehsil Banihal moved a written complaint to SHO P/S Banihal on January 4, 2001 asserting therein that to frustrate her claim of compensation for the death of her husband who died in a road accident, her father in law Mohd Shafi had forged a deed of divorce and used the same to cheat and receive the amount of compensation. The complainant sought criminal action against all those persons involved in this conspiracy namely Gul Mohd Naik, Yousuf Shah r/o Chamalwas and Ghulam Jeelani Malik Nowgam, Kashmir as accused in addition to Mohd Shafi, her father-in-law. The police registered a case U/Ss 465, 466, 471 RPC and started investigation. After investigation the police came to the conclusion that Mohd Shafi father-in-law of the complainant in connivance and as abetted by some other persons got a divorced deed forged on May 1, 1998. The divorced deed was shown to have been prepared by Shakeel Ahmed deceased husband of the complainant on April 1, 1997 as drafted by one Ghulam Mohi-ud-Din petition writer and allegedly attested by Mohd Yousaf and Ghulam Mohd Naik and Ghulam Jeelani Malik as witnesses. The said documents was found to have been got forged by the father-in-law of the complainant in connivance with other persons and used the same knowingly that document was forged to play a fraud on the complainant to frustrate her right over the claim of compensation for the death of her husband in an accident. The police laid the charge-sheet for the commission of offences u/s 465/467/471/109 RPC against Mohd Shafi, father-in-law of the complainant u/s 465/ 467/ 109 RPC against petition writer Ghulam Mohd-ud-Din and u/s 465/109 RPC against Mohd Yousuf Shah and Ghulam Mohd Naik and Ghulam Jeelani.
In the 22 pages judgment Additional Sessions Judge Ramban Akram Choudhary after hearing APP AH Yatoo appearing for the State and Adv TH Malik appearing for the accused on the quantum of sentence observed that protection of society and stamping out of criminal proclivity must be the subject of law, which must be achieved by imposing an appropriate sentence. The convicts have committed those offence where leniency is not required, however, due to the advanced age of convicted Mohd Shafi and Mohd Yousuf Shah and keeping in view the family responsibilities of convict Ghulam Jeelani, lenient view is taken by imposing appropriate sentence convict Mohd Shafi is sentenced to undergo imprisonment for a period of 5 years and fine Rs 5000/- under each of the offences u/s 467/409 and 471 RPC. The convict Mohd Yousuf Shah and Ghulam Jeelani are sentenced to undergo imprisonment for a period of 3 years and fine of Rs 5000/- u/s 467/109 RPC each. The accused who were present in the Court were sent to jail for execution of sentence. JNF
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