B. P. SINHA, P. B. GAJENDRAGADKAR, K. N. WANCHOO, M. HIDAYATULLAH, J. C. SHAH
Sekendar Sheikh – Appellant
Versus
State Of W. B. – Respondent
Judgment
SHAH, J. The first appellant. Sekender 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 scurity punishable under S. 467 I. P. Code and of falsely personating another in such, assumed character and presenting a document for registration punishable under S. 82(c) of Indian Registration Act. The second appellant. Hasibuadin Sheikh . was charged with abetment of these offences. 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 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 not accept the verdict and made a reference under S. 307 of the Code of Criminal Procedure to the High Court 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
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