PUNA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal miscellaneous application is directed against the order dated 16.4 73 of the Sub-divisional Judicial Magistrate, Biharsharif by which, on the basis of the report of the Sarpanch of Akbarpur Gram Panchayat dated 233.73 (Annexure 2), he took cognizance against the petitioner Puna Mahto under section 420 of the Indian Penal Code.

(2.) One Dulari Kuer wife of Tannu Mahto who is now undisputedly dead, was the aunt of the petitioner Puna Mahto. Pitambar Mahto was father-in-law of Dulari Kuer. Pitambar Mahto executed a deed of gift dated 5.2.1935 with respect to seven acres and odd land in favour of one Munshi Mahto. On the same date this Pitambar Mahto is said to have executed another deed of gift with respect to two acres and odd land in favour of Dulari Kuer.

(3.) The allegation is that Munshi Mahto and his wife Barho Kuer used to serve Dulari Kuer and as such Dulari Kuer executed a deed of gift dated 15.10.1955 in favour of Barho Kuer and handed over to her the deed of gift executed in her favour by Pitambar Mahto It transpired to Dulari Kuer that the petitioner had brought into existence a forged and fabricated deed of gift purported to have been executed in his favour by a person described to be Dulari Kuer wife of Tannu Mahto by falsely personating the real Dulari Kuer. Dulari Kuer, therefore, filed a petition of complaint in the Gram Panchayat which was forwarded by the Mukhia of the Gram Panchayat to the Sarpanch" of the Gram Panchnyat alleging that the petitioner brought into existence a forged and fabricated deed of gift by falsely personification. The Sarpanch examined, the complaint Dulari Kuer on solemn alfirmation and held on enquiry and found that the allegation of the complainant was correct. Since, however, the Sarpanch was of the view that the offence alleged was beyond the competence of the Gram Panchayat, he submitted a report (Annexurc 2) to the Sub divisional Judicial Magistrate, Biharsharif for proper and. necessary action and on receipt of this report, by the impugned order dated 16.4.73 the Sub-divisional Judicial Magistrate took cognizance of an offence under section 420 of the Indian Penal Code alleged against the petitioner.