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1967 Supreme(SC) 163

C.A.VAIDIALINGAM, M.HIDAYATULLAH
Kamla Prasad Singh – Appellant
Versus
Hari Nath Singh – Respondent


Advocates:
J.C.TALVAR, J.P.GOYAL, R.B.Pathak, R.L.Kohli, W.S.Barlingay

Judgment

HIDAYATULLAH, J. : Kamla Prasad Singh the appellant had filed three complaints in the Court of the Additional District Magistrate, (Judicial) Varanasi for the prosecution of Hari Nath Singh (respondent No. l) under Sec. 218 Indian Penal Code. In each of these complaints Harinath was a co-accused with another. In one, it was Mangla Prasad Pandey, Ahlmad, Court of Tahsildar, Sadar Varanasi, in another it was Ramchander Lekhpal of Village Balua and in the third it was Ram Samraylal Lekhpal of Village Cholapore. In each case Hari Nath Singh was said to have abetted the offence committed by his co-accused. The circumstances in which the complaints were lodged were common and may now be briefly stated.

2. Certain Bhumidari lands in these villages were the property of Nankoo S/o Meher Singh and Sumitra widow of one Ajudhia Singh. On December 4, 1962,Nankoo sold his half share to Kamla Prasad Singh and some others. Kamla Prasad s complaint is that Hari Nath Singh in conspiracy with the two Lekhpals got certain forged entries to be made in the Khasra after the sale in favour of Kamla Prasad, and applied for the correction of the Jamabandi. The Ahlmad in conspiracy with Hari Nath Sing









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