RENUPADA DUTTA Vs. THE STATE

JUDGEMENT

(1.) THESE two Revisional petitions are directed against the order of the learned Additional District Magistrate, Midnapore, setting aside the order of a Magistrate discharging the accused persons in an enquiry under Chapter XVIII of the Code of Criminal Procedure, and directing the learned Magistrate to commit the accused persons to the Court of Session.

(2.) THE complainant's case is that Surendra Kamilya, Upendra Kamilya and Jogendra Kamilya were three brothers, that accused petitioners Ram Chandra Kamilya, Lakshman Chandra Kamilya, Satrughna Kamilya and Santosh Kamilya are the sons of late Upendra Kamilya, that accused petitioners purna Chandra Kamilya, Pulin Kamilya, Nalini Kamilya and Anil Kamilya are the sons of late Jogendra Kamilya and that the complainant Katyayani Kamilya is the widow of Surendra Kamilya. Surendra lias got no soil; his three daughters named Jahnabi, Basanti and Joyanti are married; he died on the 4th May, 1960. On the night of the 18th Baishakh, 1367 B.S., corresponding to the 1st May, 1960, he was carried by the abavementioned accused persons on their arms to their house when his condition became serious (he had been suffering for come time past from tuberculosis). He died in the house of those accused persons on the 21st Baishakh, 1367 B. S., corresponding to the 4th May 1960. The prosecution case is that Surrender Kamilya was taken to the house of the accused persons for the purpose of causing him to execute a deed of conveyance in respect of certain landed properties and that the accused persons got a false document executed by him. Sometime thereafter on We anovenamed widow's suspicion being roused she asked her eldest son -in -law to make enquiries and then came to learn that the accused persons made Surendra execute a false document although he was then in an unconscious condition. The document was caused to be executed on the 3rd May, 1960, corresponding to the 20th Baishakh, 1367 B,S. and it was registered on the same day.

(3.) THE defence case is one of complete denial. The case of accused Narendra Jana, Renupada Datta and Rajani Kafita Patra is that they are not guilty. The case of the other accused petitioners, namely, the nephews of Surendra is that Surendra suffered from Tuberculosis for about two years and died on the 4th May, 1960, at about 8 O'clock in the morning at the house of his nephew Puma where -he was staying from the end of the month of Flagon or the beginning of Chaitra, 1366 B.S. as he was not being properly looked after in his own house. The nephews made arrangements for his treatment and looked after him. He was treated by one Dr. Annada Charan Das, Medical Officer of the Charitable dispensary at Balishai. Petitioner Puma who Is a Kaviraj' also looked after Surendra. Being satisfied with the nursing of the nephews and with the arrangements made by them for his treatment he executed a deed of gift in respect of a portion of his 'bastu' in favour of the abovementioned eight petitioners (nephews), the area of the property being about 1.70 acres. On the same day Surendra executed another deed of gift in favour of one Radhal Shyam Das as. the shebait of the deity of -Kan -chaneshwarj Mahadeb Jeu. As Surendra was very weft and as his hands were trembiing at the time of execution of the document he could not sign and, therefore, put his thumb impression on the impugned document which was voluntarily: executed by him.