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1978 Supreme(Pat) 159

BIRENDRA PRASAD SINHA
Sheonandan Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

B. P. Sinia, J.

1. The petitioners are accused in a case under section 468 of the Indian Penal Code. Shortly stated the case of the prosecution is that the father of the complainant and one Manik Mahto were brothers. Manik became a Sadhu and is now traceless. It is alleged that the petitioners and some others set up Rameshwar Mahto (petitioner no.3) in place of Manik Mahto and got a registered sale-deed executed in respect of a land of Manik Mahto. It is further alleged that Rameshwar Mahto put his thumb-impression in place of Manik mahto on the sale-deed. Petitioner Brahmdeo Prasad is said to have acted as an identifier, It appears that on 27,5 76 on a petition filed by the complainant the Judicial Magistrate directed the accused persons to file the original registered sale-deed in the case Later on the said order was recalled by the successor-in-office of the said Judicial Magistrate on a petition filed by the accused persons. The learned Judicial Magistrate took the view that the petitioners could not be compelled to become witness against themselves. In a revision application by the complainant the learned Sessions Judge observed that the learned Magistrate will reconsi

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