KALIDAS BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revision application under section 401 read with section 482 of the Code of Criminal Procedure has been preferred by the petitioner Kalidas Biswas against the judgment and order dated 1.9.2000 passed by the learned Additional Sessions Judge, 4th Court, Barasat, North 24-Parganas in Criminal Appeal No. 21/98 affirming the judgment and order of conviction and sentence passed by the learned Sub-Divisional Judicial Magistrate, Barasat, North 24-Parganas on 18.9.98 in G.R. Case No. 1255/1985.

(2.) The facts anterior to filing of the instant revision application may briefly be narrated thus: G.R. Case No. 1255/1985 was started on the basis of FIR lodged by Balai Chandra Biswas since deceased under sections 419/420/466/467/468/34 of the Indian Penal Code raising allegations that one of his sons Kalidas Biswas presently the petitioner in collusion with other accused persons executed and registered two deeds of gifts in his favour and in favour of his minor son and others representing himself falsely as Balai Chandra Biswas and put his signature and L.T.Is in those two deeds as Balai Chandra Biswas. The gravamen of the prosecution allegations is that those two deeds of gift are forged documents and were never executed by the defacto complainant Balai Chandra Biswas. The case was started by the Police on the basis of the petition of complaint which was treated as FIR and on completion of investigation the present petitioner being one of the accused along with other accused had been charge-sheeted by the Investigating Officer. The trial was faced by the present petitioner Kalidas Biswas along with the co-accused Paritosh Sarkar and Tushar Kanti Ghosh. The learned trial Court framed charges under section 420/34 of the Indian Penal Code and under section 468/34 of the Indian Penal Code against the present petitioner and other two accused persons. The learned trial Court on conclusion of the trial found all the three accused guilty of the offence punishable under section 468/34 of the Indian Penal Code and convicted all the three accused and sentenced the present petitioner to suffer Rigorous Imprisonment for two years and to pay fine of Rs. 2000/- in default to Rigorous Imprisonment for further two months. The learned trial Court sentenced the other two accused namely Paritosh Sarkar and Tushar Kanti Bose to pay a fine of Rs. 2000/- each in default to suffer Rigorous Imprisonment for two months each.

(3.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned trial Court the present petitioner Kalidas Biswas as appellant preferred Criminal Appeal No. 21/98 and on appeal the learned Additional Sessions Judge, 4th Court, Barasat, 24 Parganas by his judgment and order dated 1.9.2000 upheld the order of conviction and sentence passed by the learned trial Court and consequently dismissed the said criminal appeal.