KRISHNARAO RAOJIRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicants Krishnarao, Narayanrao and Laxman were convicted and each sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 200/- by the Section 30 Magistrate, Washim, under Sections 467, and 471, Section 467, and Section 467 read with Section 109, Penal Code respectively; and in appeal the Sessions Judge, Akola, affirmed the convictions and maintained Krishnarao's sentence, but reduced the sentence of Narayan to 9 months' rigorous imprisonment and a fine of Rs. 100/- and that of Laxman to six months' rigorous Imprisonment and a fine of Rs. 50/ -. The applicants have now come up in revision to this Court.

(2.) THERE was a dispute between Krishnarao, who is Narayanrao's brother, and Bhagwan (P. W. 1) concerning a house in Wai, Washim 'taluq'; and on 10. 10. 1946 Krishnarao filed Civil Suit No. 468-A of 1946 in the Court of the Second Civil Judge, Class II, Washim, for possession of it and for Rs. 108/- on account of rent for the period 30. 9. 1943 to 30. 9. 1946 against Bhagwan and his brothers. Narayan was impleaded as a defendant on the grounds that the contract of rent was negotiated by him and he had stood surety for the tenant. The rent note Ex. P-1, dated 30. 7. 1943, was filed by Krishnarao in support of his claim. After Bhagwan abjured the execution of the rent note and contested the claim, Krishnarao sought and obtained permission to withdraw the suit with liberty to institute a fresh one. He thereafter filed Civil Suit No. 187-A of 1947 in the same Court for possession of the house and obtained a decree therefor. The appeal filed by Bhagwan and his brothers was dismissed by the Additional District Judge, Washim.

(3.) AFTER the withdrawal of the earlier suit, Bhagwan applied for the prosecution of the applicants on the grounds that the rent note was ante-dated, forged and used as genuine; and when an inquiry was made under Section 476, Criminal P. C. , the application was allowed and a complaint against the applicants under Sections 465, 467 and 471, Penal Code was made to the First Class Magistrate, Washim. The prosecution case was, shortly stated, to the effect that as the printed form of the rent note was issued from the Rajasthan Press, Akola, in 1945, it could not be used in 1943 and that all 3 applicants acted in collusion as it was written by Laxman, was in Krishnarao's favour and indicated that Narayan had secured the house for Bhagwan and stood surety for him.