GUNJAR MAHOMMED Vs. SHURUZ ALI

JUDGEMENT

(1.) This is a Rule directed against the convictions of the two petitioners under Section 465 of the Indian Penal Code. The convictions in question were in respect of a kabin-nama purporting to have been executed by one of the petitioners, namely, Gunjar Mohammed and to have been witnessed by the other petitioner, Sunjar Mohammed.

(2.) The learned Sessions Judge, to whom the case went on appeal, expressed the opinion, "I have no doubt that the story of marriage is a fiction and that Gunjar intended to make a claim to Aimona's property alleging marriage and supporting his claim by means of the kabin". Further on, the learned Judge in his judgment says : "There can be no doubt that the kabin is a false document and admittedly Gunjar executed it."

(3.) For the petitioners, however, it is pointed out that although Gunjar may have had no business to execute this kabinnama in favour of Aimona Bibi, who was not in fact his wife, yet the document in question is not a false document within the meaning of Section 464 of the Indian Penal Code. That contention is, in my opinion, well-founded. It is clear that the facts found by the learned Judge do not bring the document within the definition contained in Section 464.