ADAIKALAMMAI Vs. RAMAN

JUDGEMENT

(1.) I am of opinion that Exhibit A is not a false document within the meaning of Section 464 of the Indian Penal Code. The document must fall, if at all, within the first clause of the section. That clause lays down that a person makes a false document who dishonestly or fraudulently signs a document with the intention of causing it to be believed that the document was signed by a person by whom he knows it was not signed. In the present case the accused had no intention by describing himself in the document as the son of Veerana Kudumban to cause it to be believed that the document was executed by anybody other than himself. His intention was to assert or to support his claim to be the adopted son of Veerana.

(2.) I would, therefore, dismiss the revision petition.

(3.) As my learned brother has taken a different view, the case will have to be laid before another Judge under Secs.439 and 429 of the Criminal Procedure Code. Pinhey, J.