N DAMODARAN NAIR Vs. STATE

JUDGEMENT

(1.) Accused 1 and accused 2 in Sessions Case No. 2 of 1958 on the file of the Kottayam Sessions Court are the appellants in this Criminal Appeal. They are husband and wife, accused one being the husband and accused 2, the wife. Hereafter in this judgment they will be referred to as accused 1 and accused 2. Accused 1 stands convicted by the learned Sessions Judge under S.467, 468 and 419 of the Penal Code read with Sec, 34 and also under S.465 and 471, Penal Code. He had been sentenced to varying terms of imprisonment for each of these offences, but all the sentences are to tun concurrently and the maximum sentence passed against him is rigorous imprisonment for 3 years.

(2.) Stated briefly the facts of the case are as follows : Accused 1 has a sister by name Kochupen-namma Bhavani Amma. She is the complainant in the case and was examined at the trial as P.W. 1. She had instituted a suit in p. S.259 of 1124 on the file of the Kottayam District Court against accused 1 and the other members of the family as also several alienees, for partition of the family properties after avoiding some prior partitions and alie-nations effected by her family during her minority.

(3.) On the same date as Ext. P-2 was executed, the donee thereunder, that is, accused 1, sold a portion of the properties comprised therein to one Ulahannan Chacko as per Ext. P-6 and that document was also got registered on the same date. Its registration No. is 1146. Ext. P-6 refers to Ext. P-2 as the document conferring title on accused 1 over the properties dealt with thereunder. Accused 1 himself produced that document for registration and also admitted its execution. P.W. 2 is one of the identifying witnesses for accused 1 before the Sub-Registrar. The transferee under Ext. P-6, Ulahannan Chacko was accused 4 before the committal court, but that court discharged him.