Srinagar,1 Sep : After Fifteen Years Long Legal Battle Court of City Judge Srinagar Abdul Bari has Finally Convicted five Land Brokers with two Years Simple Imprisonment and Fine who were involved in Fraud , Cheating and Conspiracy.
The accused were identified as Ghulam Qadir Dar , Abdul Rehman Dar ,
Ghulam Mohammad Malik , Ghulam Mustafa Bhat Residents of Mirgund Pattan and Abdul Rehman Thokar R/o Khusipora HMT
While passing the detailed Orders City Judge Srinagar Abdul Bari Said that the prosecution has succeeded in proving its case beyond all reasonable doubts.
Sources told CNS that on 15.10.2009 a written application in English was received by the police Station Batmaloo by the Complainant by alleging that he is the Chairman of the International Building House Cooperative Society. He further stated that on 13.03.2008 according to an agreement, he purchased 109 kanals of land located at Sharifabad for the company through a broker named Ghulam Qadir Dar S/o Abdul Samad Dar and his associates.
Complainant further alleged and Stated that at the time of the sale and purchase, the price per kanal of land was fixed at Rs. 4,50,000/- (Rupees Four Lakh Fifty Thousand) and the total Value of the purchased land amounted to Rs. 4,50,00,000/- (Rupees Four Crore Fifty Lakhs). Out of this amount, the complainant paid a sum of Rs. 2,61,00,000/- (Rupees Two Crore and Sixty One Lakhs) to the land brokers from time to time through cheques. At the time of the agreement, it was mutually decided that along with the payment, the documents of ownership and possession of the purchased land would also be handed over.
He further said that despite the payment having been made, the recipients have neither been provided with the documents of the land nor handed over its possession. The accused, through deceit and conspiracy have usurped the amount.
Meanwhile On receipt of this information, Police Station concerned lodged FIR under No. 262/2009 for the commission of offence under Section 420 RPC and investigation was Started. After Proper Investigation Police Station Concern has Submitted Charge Sheet Before the Concern Honble Court in Year 2013. charges were framed on 30.05.2013 against the accused No. 1 & 2 under section 420 & 506 of RPC and under Sections 506 RPC against the accused No. 3 to 5 since then Several Witnesses Were Recorded and after final arguments by both the Counsels court has today Passed a Detailed Order.
While Passing 34 Pages order City Judge Srinagar Abdul Bari said that This court holds the accused persons guilty of offences and Accused no 1 and 2 are convicted for the commission of offence under section 420 and 506 of the RPC and the accused no 3 to 5 are convicted under section 506 RPC.
In such circumstances the accused is not entitled to the benefit of Probation of Offenders Act. The sentence of imprisonment is required to be imposed upon the accused.
Accordingly accused No. 1and 2 are sentenced to simple imprisonment for two years and a fine of Rs. 5000/- under Section 420 RPC, accused persons 1 and 2 are also sentenced to two years of simple imprisonment and a fine of Rs 5000/- for the commission of offence under section 506 RPC, accused No. 3 to 5 are also sentenced and shall also undergo for a simple imprisonment for two years and a fine of Rs. 5000/- under Sections 506 RPC. In the default of payment of fine accused shall further suffer the simple imprisonment for six months.
Court further Said that all the sentences shall run concurrently for all the accused persons. The reasons for awarding lesser punishment in the matter is that the accused persons have faced trial for a period of 15 years in the matter as such on the quantum of punishment a lenient view has been taken in awarding it.
