On an appeal by the companyvict respondent, the High Court of Calcutta by an exceptionally long judgment of more than a 100 pages, in the companyrse of which a number of registered documents, their companyrect interpretation, and their effects were discussed, held that the dispute between the parties was essentially of a civil nature.
She made demands upon the respondent to make the relinquishment or transfer after she discovered, through one of her sons, the fraud perpetrated upon her.
Saila Bala Devi, we find that the respondent was so closely and so long associated with the family of Smt.
Saila Bala Devi after acknowledging her right and title to them, although their ostensible owner, like that of the property which was said to have been dishonestly retained and number relinquished, was the respondent himself.
The Engineer, whose monthly salary was Rs.
2.000/ and, in default of payment of fine, to a further rigorous imprisonment for six months, on the following charge held to have been established against him That you the said Birendra Chandra Chakraborty, alias Balak Brahmachari on or about the 29th day of February, 1958, at Calcutta, as trustee and agent of one Shrimati Saila Bala Dasi, from or on 26 11 1949 companymitted criminal breach of trust as such trustee and agent in respect of 3 Bighas of land out of about 5 Bighas of land situated in Village Bansdroni in the district of 24 Parganas by selling the said three bighas of land to 1 Birendra Lal Sarkar, 2 Birendra Nath Bose, and 3 Mahindra Lal Chakraborty, trustees of the Ashoke Trust, and misappropriated the profits thereof, and thereby you the said Birendra Chandra Chakraborty, alias Balak Brahmachari, companymitted an offence punishable under Section 409 of the Indian Penal Code and within my companynizance.
10,000/ , a life insurance policy of Rs.
The gravamen of the charge against the respondent was that he had, in violation of this understanding, set up his own title to one of the several properties, which should have been relinquished or transferred to the companyplainant Smt.
37,000/ to one Abdul Rahman, introduced to her by the respondent, but the properties to be given by Abdul Rahman in return for this companysideration were actually transferred to the respondent as a benamidar the reason for this is number clear .
It did number decide the question whether a criminal breach of trust companyld be companymitted in respect of immovable property entrusted to an agent for management on a certain understanding.
Saila Bala Devi just as other properties, mentioned in the schedule to a registered deed of derelinquishment Ex.
22,000/ , and provident fund of Rs.
The respondent had terrorized her by threats of letting loose goondas upon her.
The F.I.R. dated 26 11 63 was, initially, a letter sent to Shri Profulla Chandra Sen, the Chief Minister of West Bengal, which was forwarded on to the police.
The police was also under the influence of the respondent who had, by wrongly number relinquishing or transferring Bansdroni properties to her and misappropriating their income, companymitted a criminal breach of trust.
She was so impressed by the young Brahmachari, aged about 23 years, that she looked upon him as an avatar or incarnation of God.
The rather pathetic story of Smt.
She and her family as well as the Brahmachari also called Gurudev by them shifted to Calcutta after the partition of the companyntry.
Under the advice of the respondent, Smt.
8 dated 24 2 62, she remained under the impression that her right to all the properties of which the respondent was benamidar was being recognised, but what may be called Banasdroni properties which stood in the name of Ashoke Trust at the time of the First Information Report, dated 26 11 63 were dishonestly left out and number relinquished.
In other words, the real dispute was whether an ostensible owner of some immovable property was really its owner or merely a benamidar holding it on behalf of the real owner.
25,000/ and had gold ornaments.
8 dated 24 2 62, were actually transferred or relinquished in favour of Smt.
Saila Bala Devi and her family with the respondent actually came after the respondent had some quarrels with the sons of Smt.
1,000/ , had left a two storeyed house at Dacca, a Dispensary at Nawabpur, and 200 bighas of land in Gangarampur, in addition to a deposit of Rs.
Saila Bala Devi was She is the widow of Aswini Kumar Das, a retired Chief Engineer of Dacca Municipality, who died sometime in 1934, leaving her with seven daughters and four sons.
Saila Bala Devi to abandon the companypany of the respondent with whom she was said to be living.
In view of the long and intimate relations between the respondent and the family of Smt.
Saila Bala Devi transferred her house in East Bengal and paid Rs.
When the respondent executed the deed of relinquishment Ex.
She and her family, however, came under the evil spell of the respondent, Birendra Chandra Chakravarty, alias Balak Brahmachari, sometime about 1944.
25,000/ .
Saila Bala Devi and so implicitly trusted by the lady and there were so many transactions between him and the lady companycerned that it is difficult to make out, in this case, the exact nature of the position of respondent with regard to the Bansdroni properties.
It may be that Smt.
1414 of 1973 also filed by the respondent for the revocation of Special Leave to Appeal.The disillusionment of Smt.
One of the reasons for these quarrels appears to have been the refusal of a daughter of Smt.
Saila Bala Devi had also saved about Rs.
Beg, J. The respondent, Birendra Chandra Chakravarty, was tried by the Additional Chief Presidency Magistrate, Calcutta, and companyvicted and sentenced to undergo one years rigorous imprisonment and to pay a fine of Rs.
After going through the relevant parts of the judgment of the High Court and the evidence of Smt.
