BACHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the judgment dated 13-7-2000, passed by the 4th Additional Sessions Judge, Jehanabad; in Cr. Appeal No. 66 of 1997/22 of 2000, confirming the judgment of the trial Court dated 28-8-1997 rendered by Sh'ri Basant Kumar Dikshit, Judicial Magistrate, 1 st Class, Jehanabad. The revisionists were convicted under Sections 419, 420 and 467 of the Indian Penal Code and they were awarded a composite sentence of two years R.I.

(2.) The case was initiated by the informant, PW 3, on his complaint which was referred to the police for investigation and in the complaint petition it was alleged that the informant's uncle Sakaldeep Singh was taken ill in the year 1989 and was removed to Khijarsarai Hospital for treatment. He died on 1-2-1989. However, the revisionist who are collaterals of the deceased obtained fake and forged deed of gift dated 9-2-1989 from the deceased by impersonating him by some one else. The informant came to know of this deed of gift some time in the year 1990 and after obtaining copy of the alleged deed of gift, he filed the complaint which followed the reference to the police and investigation and submission of charge-sheet etc.

(3.) It transpired during the course of evidence that Sakaldeep Singh died on 1-2-1989 was disclosed by Ext. 3 which was a death certificate from the concerned Municipality so if the deed of gift was obtained on 9-2-1989, prime facie it was forged because no dead person can be supposed to execute deed of gift to any body. This circumstance is sufficient to corroborate the evidence of PW 3, the informant, and the other witnesses who spoke of the death of Sakaldeep Singh in the hospital and his cremation at Fatuha. The doctor who had treated the deceased in the case at the hospital was also examined as PW 6 and he supported the fact that the deceased died on 1-2-1989 for which he issued a certificate on 28-2-1989 (Ext. 2).