134 1 c the appellants have appealed to this companyrt.
appeal from the judgment and order dated january 25 1961 of the calcutta high companyrt in reference number 10 of 1960.
the second appellant hasibuddin sheikh was charged with abetment of these offences.
with certificate of fitness granted by the high companyrt under art.
at the trial the prosecution examined one swarana kumar dey who testified that he had engrossed the heba nama in favour of ali hossain which was executed by the first appellant purporting to do so as kaimuddin sheikh that the first appellant had impressed his thumb mark on the document before him in token of execution of the heba nama that the first appellant had represented himself to be kaimuddin sheikh and that the executant of the document was identified before him as kaimuddin sheikh by the second appellant hasibuddin sheikh.
b. bagchi s. n. mukherjee for p. k. bose or the respondent.
the second appellant was charged with abetting the first appellant in the companymission of the two offences by identifying the first appellant as kaimuddin sheikh.
criminal appellate jurisdiction criminal appeal number 110 of 1961.
february 8.
the high companyrt declined to accept the reference and companyvicted the two appellants respectively of the offences punishable.
the jury brought in a verdict of guilty by a majority of 4 to 3 against the appellants for the offences of forging a valuable security and abetment thereof but the judge did number accept the verdict and made a reference under a. 307 of the companye of criminal procedure to the high companyrt of calcutta because in his view there was absolutely no reliable evidence against the two appellants in respect of the offence of forging a valuable security and that it was in the interests of justice to refer the case to the high court.
n. mukherjee for the appellants.
the trial for the offences of forging a valuable security and abetment thereof was held by the sessions judge sitting with a jury and for the offences under the registration act without a jury.
the judgment of the companyrt was delivered by shah j. the first appellant sekander sheikh was charged in a trial held before the additional sessions judge murshidabad in the state of west bengal for the offences of forging a valuable security punishable under s. 467 1.
the charges against the first appellant were that on or about january 15 1958 he had in the town of berhampore forged a heba nama in respect of certain property in favour of one ali hossain purporting to execute the same in the name of one kaimuddin of debkundu and that the execution of the document was made with intent to cause the said kaimuddin to part with his property and to companymit fraud and that on the same day he had falsely per sonated kaimuddin sheikh and in that assumed character had presented for registration the heba nama in the berhampore sub registry and had affixed his thumb impressions claiming to be kaimuddin sheikh.
p. code and of falsely personating anumberher in such assumed character and presenting a document for registration punishable under s. 82 c of indian registration act.
