AMAR NATH BHATTACHARJEE Vs. PRASENJIT KUMAR BOSE

JUDGEMENT

(1.) The hearing arises from an application under Section 401 read with Section 482, Cr.P.C. filed by the petitioner praying for revision of the judgment and order dated 31/8/2004 passed by the learned Additional Sessions Judge, First Track Court No. III, Barrackpore in Criminal Appeal No. 30/03 confirming the order of conviction and sentence passed by the learned Judicial Magistrate, 3rd Court, Barrackpore in C. Case No. 799/96 under Section 420, I.P.C. on 29/11/2003.

(2.) The circumstances leading to the above application are that the present O.P. No.1 lodged a complaint under Section 156(3), Cr.P.C. alleging inter alia that the petitioner claiming himself to be the owner of a property at Sastri Road, P.S. Naihati executed a registered sale deed on 2/2/1987 in favour of O. P. No.1 at a consideration of Rs. 10,000,00. Later it was detected that the petitioner was not owner of the said property as his father executed a Will without giving any property to him but to his wife Smt. Shila Bhattacharjee and a Probate Suit is pending. So, the petitioner and his wife Shila Bhattacharjee are liable to be prosecuted under Sections 420/406/506, I.PC. The police after investigation submitted FRT. On the basis of the protest petition filed by O.P. No. 1, process was issued against the petitioner alone under Section 420,I.PC. Four witnesses were examined on behalf of the prosecution, while none was examined on behalf of the defence and all or considering the facts, circumstances and materials on record the learned Magistrate found the petitioner guilty under Section 420, I.PC, convicted him thereunder and sentenced him to suffer R.I. for two years and to pay fine of Rs. 5,000.00 i.d. to S.I. for six months which was affirmed in appeal by the learned Additional Sessions Judge, First Track Court No. III, Barrackpore by the impugned order dated 31/8/2004.

(3.) Being aggrieved by and dissatisfied with the said order in appeal, the petitioner has come up before this Court.