( 1 ) THIS is a reference under Section 307 of the Criminal Procedure Code made by Sri P. Basu, Additional Sessions Judge, Mursbidabad, disagreeing with the majority verdict of guilty returned against the two accused Sekender S. K. who was charged under Section 467 I. P. C. and Hasibuddin Sk. who was charged under Section 467/109 of the Indian Penal Code.

( 2 ) THE prosecution case was briefly as follows: One Kaimuddin Sk. who deposed in the case as P. W. 2 and is an old man of 90 or 100, has some landed property at Debkunda P. S. Beldanga. Out of his landed property, he transferred certain property by a registered deed of gift dated 5th November, 1956, to one Katama Bibi, a daughter of his pre-deceased daughter, the land concerned, being case plots Nos. 942, 946 and 947 of Mouza Debkundu. Abdul Hye husband of Katama Bibi, cultivated the plots on behalf of his wife after the execution, of the deed of gift. In 1958 however, Ali Hossain Sk. a son of Kaimuddin Sk. dispossessed Abdul Hye from the plots of land, claiming that his father Kaimuddin Sk. had given the plots to him along with other lands by executing a heba-bil-waz, Abdul Hye reported to his grand-father-in-l