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1973 Supreme(SC) 178

I.D.DUA, K.K.MATHEW
Molar – Appellant
Versus
State Of Haryana – Respondent


K.K.Muthew, J.

(1) DHARMA, Puran and Bhagwani, children of Mana, Dhupa and his wife Phulpati, Molar Lambardar and Prita of Village Biholi and Badlu Lambardar of Village Gagsina were challaned by P. S. City Panipat under S. 419, 420 and 468, Indian penal code in the court of Judicial Magistrate, Ist Class, Panipat. He framed charges under S. 467 and 419 against Phulpati and under S. 467 and 419, read with S. 109, Indian penal code against all other accused, and committed all of them to the court of Sessions.

(2) THE case against them was as follows. Mana, the father of Dharma, Puran, Bhagwani and Chaukas, died leaving landed property. The sons and daughters became entitled to it in equal shares. Chaukas and Bhagwani were married to persons in villages Malo Marja and Gageina respectively, but prior to the marriage of Chaukas, the sons and daughters of Mana had mortgaged some of their joint property with one Kidara. Dharma and Puran had contracted a loan from the Credit Co-operative Society of their village and in order to raise money for repayment of this amount, Dharma and Puran along with Bhagwani decided to mortgage the same land which had been already

















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