SUSEN BEHARY ROY Vs. EMPEROR

JUDGEMENT

(1.) The accused Susen Behari Boy, together with his mother Swarna Sundari Dassi was tried at the High Court Sessions in May last by . my brother Mallik, with the aid of a special jury, upon three charges of criminal breach of trust laid, under Section 406, I. P.C., and a charge under Section 477, I. P. C, of secreting a document which was, or purported to be a will executed in 1915 by his father Gosto Behari Roy. Certain charges against the accused Susen, had been framed under Section 404, I. P. C, but these charges were withdrawn and need not be further referred to. The two accused were also charged with the offence of criminal conspiracy.

(2.) The jury, by their verdict negatived the charge of conspiracy and acquitted Swarna Sundari Dassi of all charges. They convicted the accused Susen upon all the three counts laid under Section 406, I.P. C, and also of the charges under Section 477. I. P.C. He was sentenced by the learned Judge to two years rigorous imprisonment for criminal breach of trust and to four years rigorous imprisonment for secreting his father's will. He has obtained a certificate from the Advocate-General to the effect that certain grounds of objection to his conviction should be further considered by the High Court.

(3.) It appears that the accused Susen has a sister whose name is Sarojbala who is a widow with one son called Basanta. His father Gosto made a will in 1914 but on 13 July 1915, executed another will revoking the former. This is the document with which the case is mainly concerned. By it, after providing for certain legacies, he left two-thirds of his estate to the accused Susen and one-third to his daughter Sarojbala. Gosto died on 6 January 1922, and on 13 February 1922 the accused Susen applied to the Subordinate Judge, 21 Perganas, for a succession certificate to enable him to collect moneys due from certain Life Insurance Companies in respect of policies which his father had taken out. On 8 March 1922 he gave evidence before the Subordinate Judge that his father had left no will and that he himself was his father's only heir. On 27 March 1922, a succession certificate was issued to him by virtue of which he collected the assets belonging to his father's estate mentioned in counts laid under Section 406, I. P.C.