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1969 Supreme(Pat) 54

B.D.SINGH
Bhuneshwar Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This application in revision has been preferred under Ss.436 and 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) by Bhuneshwar Singh and 15 others, for quashing the order 20-2-68, passed by the Sub-Divisional Magistrate, Jehanabad, who had taken cognizance against the petitioners under Ss.147, 148, 149, 323, 324 and 337 of the Indian Penal Code and transferred the case to the Court of Shri H.Q. Hoda, Munsif Magistrate, first class, for disposal.

2. In order to appreciate the points involved in this application it will be necessary to state briefly the fasts of the case. There was one Sheo Saran Singh who had four sons, namely, Kuer Singh, Risal Singh, Harihar Singh and Shital Singh. Risal died leaving behind Sanjoga Kuer as his widow and Shital died leaving behind Rajrani Kuer as his widow. Harihar had one son, namely, Ramkishore. After the death of Kuer, Risal, Harihar and Shital, the property of the joint family devolved on Ram Kishore. According to Gupteshwar Singh, opposite party No. 2, Ramkishore executed a deed of gift in favour of Ram Singh and Chhotan who were minors. Therefore, their mother Bindeshwari Devi executed a sale-deed dated






















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