A will forged four decades ago and an 88-year-old: Punjab and Haryana HC upholds man’s conviction, reduces sentence

On this basis, an FIR was registered under sections 420 (cheating), 465 (forgery), 468 (forgery for the purpose of cheating), 416 (cheating by personation), 417 (punishment for cheating), and 120-B (criminal conspiracy) of the Indian Penal Code.

Following a lengthy legal battle, Sanwal Ram was convicted in 2007 by the Chief Judicial Magistrate, Narnaul, and sentenced to five years’ imprisonment. On appeal, the additional sessions judge in Narnaul reduced the sentence to two years in 2009 but upheld the conviction. The petitioner subsequently moved the high court in revision, and his sentence was suspended in 2010, pending final adjudication.

During the hearing, the petitioner’s counsel argued that civil proceedings related to the will had determined it to be genuine and that Sanwal Ram, being merely an attesting witness and not a beneficiary, should not be held criminally liable. Further, it was contended that given his advanced age and the fact that he had already served three months and six days of his sentence, the court should exercise leniency.

However, the prosecution countered that the civil court’s findings did not bind the criminal court and pointed out that forensic analysis had confirmed the presence of forged signatures on the will. Justice Bedi agreed with this position, stating, “The findings of a civil court are not binding on a criminal court. Even otherwise, the report of the forensic science laboratory establishes that the signatures were forged.”

While the high court refused to overturn the conviction, it took into account Sanwal Ram’s age, lack of direct benefit from the forgery, and his otherwise clean record. “The petitioner is 88 years old and has already undergone a substantial period of his sentence. In the interest of justice, I deem it appropriate to reduce the sentence to the period already undergone,” the judge ruled.

The ruling underscores the principle that criminal liability in forgery cases is independent of civil findings while also recognising humanitarian considerations in sentencing.