CHANNU LAL Vs. REX

JUDGEMENT

(1.) This is an application in revision against an order of the Temporary Civil and Sessions Judge of Mainpuri dismissing an appeal against an order of Mr. B.P. Sahi, Magistrate, first class, Mainpuri, who re-convicted the applicants under Section 422, Indian Penal Code and sentenced them both to undergo rigorous imprisonment for four months and also to pay a fine of Rs. 500 or in default to undergo further rigorous imprisonment for a period of three months.

(2.) The facts giving rise to this application as found by both the Courts below may shortly be stated as follows. The applicants Channu Lal and Mannu Lal are the sons of one Fateh Chand. They are related to Mewa Ram and Mt. Jain Kuar and Mt. Chandan Kuar whose names will be mentioned later on in the judgment as shown in the following pedigree: All the male members, excepting the applicants, and Mewa Ram shown in this pedigree died. Jhuman Lal, Sewa Ram and Hira Lal died without leaving any issues.

(3.) In the year 1936 Channu Lal and Mannu Lal, applicants before us, filed an application under Section 4, Encumbered Estates Act praying that the debts may be paid off and alleging that they alone formed a joint Hindu family. In due course this application was sent to the Special Judge where under Section 8, Encumbered Estates Act the applicants filed a written statement showing the debts due from them and the properties owned by them.