BHARAT CHANDRA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred against the Judgment and Order dtd. 4/10/2018 passed by the learned Additional District and Sessions Judge, Kandi, Murshidabad in Criminal Appeal CIS Registration No.07 of 2018 whereby the Judgment and Order dtd. 22/11/2017 passed by the learned Judicial Magistrate, 1st Class, Kandi was affirmed.

(2.) The petitioner/complainant's case is that the petitioner being the complainant lodged a written complaint before the Inspector-in-Charge, Kandi P.S. on 23/5/2004 alleging inter alia that his grandmother namely Sushama Dey wife of late Bholanath Dey died on 23/8/2000. Sushama Dey during her lifetime owned and possessed 95 decimal of land. The accused Sagar Dey and Manmatha Dey grabbed the said property by impersonating Jogmaya Dasi as Sushama Dey and by obtaining the L.T.I of Jogmaya Dasi, procured a false deed. Ashoke Kumar Singha and Raikishor Sur were the witnesses to the said false deed. They all along stated that their signature was obtained on the promise that they would be given money in return. The defacto complainant could not enjoy his property due to such unlawful possession taken by the accuseds.

(3.) On the basis of the aforesaid complaint Kandi Police Station Case No.92 of 2004 dtd. 23/5/2004 under Ss. 420/468/471 of the Indian Penal Code was registered against the accused persons including Manmotha Dey and Aloke Kumar Singha, for investigation. On completion of investigation charge sheet has been submitted in this case against the accused persons under Ss. 420/468/471 of the Indian Penal Code.