LAWS(GAU)-1958-7-4

BANCHAMANI SAHA Vs. KSHIR BABU SINHA

Decided On July 09, 1958
Banchamani Saha Appellant
V/S
Kshir Babu Sinha Respondents

JUDGEMENT

(1.) THIS is a revision petition under Section 439 of the Cr. P. Code, filed by Smt. Banchamani Saha, an illiterate widow, aged 50 or more of village Routkhola, within the jurisdiction of Bishalgarh Police station, who was convicted under Section 420, I. P. C., and sentenced to undergo R. I. tor a term of two months, and to pay a fine of Rs. 100/ - or in default to suffer further R. I. for one month. Her appeal to the Sessions Court also failed.

(2.) THE case was started on a complaint filed by Kshir Babu Sinha of village Kalkalai which is about 3 miles away from the village of the Petitioner. In 1954, the complainant sold to the Petitioner 2 kanis out of his four kanis of land in a jote, for Rs. 500/ -, by a sale deed and there was an agreement, which was also reduced to writing, on the same day, that if within 5 years, the complainant repaid the amount of price, then the Petitioner would reconvey the land to the complainant.

(3.) THE prosecution case was that the Petitioner had agreed to execute the Sale deed on payment of Rs. 500/ - the price of the land, and after the Sale -deed was scribed, she was paid Section 500/ -for the consideration, but after receiving that sum, she refused to execute the Sale -deed, and did not also return the amount paid to her, & as already stated as having come out in the prosecution evidence itself, this refusal was because she demanded payment on account of the Borga due to her also. The complainant who had taken the amount from Rajeshwar Ghosh (P. W. 4) had then to execute a Sale -deed in his favour, in respect of his other 2 kanis of land out of this jote, the same day, and it was also got registered.