MAHAMMAD KAZEM ALI Vs. JORABDI NASKAR

JUDGEMENT

(1.) The opposite parties in this case were convicted by the Magistrate of offences under Sections 423 and 193 of the Penal Code and sentenced to terms of imprisonment. On appeal they were acquitted by the Sessions Judge. The petitioner, the complainant in the case, then obtained this Rule calling upon them to show cause why the acquittal should not be set aside.

(2.) The Magistrate found, in accordance with the allegations made by the petitioner, that the opposite parties had executed and registered a document purporting to be a kabuliat in respect of certain land which contained recitals designedly false. The document stated that the petitioner and his fall brothers and the other maliks of the land had demanded a kabuliat from the opposite parties, and that the kabuliat had been executed in compliance with that demand. The petitioner denied that he or his full brothers had ever demanded or accepted the kabuliat, and he farther asserted that he and his brothers were the only maliks of the land and that the reference in the document to other maliks was made in support of some false claim.

(3.) The learned Sessions Judge held in effect that, assuming the falsity of the statements impugned, no offence had been committed either under Section 423 or under Section 193 of the Penal Code not under Section 423 because a kabuliat was not a document "which purports to transfer or sabject to any charge any property, or any interest, therein" within the meaning of the section, and not under Section 193 because the statements being made by the opposite parties could not be used by them in their own favour, and would be inadmissible in evidence as against the petitioner and his full brothers.