JUDGMENT

1. The accused Sagarmal was tried before the Sessions Judge of the Assam Valley Districts on two charges, firstly with having forged an Ekrarnama Ex. 2, a valuable security purporting to have been executed by Kanai Lal on 21st January, 1905, and secondly with having fraudulently and dishonestly used as genuine by filing in the Court of the Extra Assistant Commissioner Mr. Section Goswami in Section 145, Criminal Procedure Code proceeding in 1922 the Ekrarnama Ex. 2 purporting to have been executed by Kanai Lal on 21st January, 1905, which he knew or had reason to believe at the time of filing to be a forged document. The jury returned a unanimous verdict of not guilty. The learned, Sessions Judge disagreeing with the jury's verdict on the second charge has thought it necessary to refer this case to this Court under the provisions of Section 307 of the Code of Criminal Procedure.

2. The main facts of the case are as follows : On the 21st November, 1904, Kanai Lal purchased a piece of land from Ram Chandra Brahmin for 1,000 Rupees. On the 9th March, 1905, Kanai Lal died leaving a widow Musst. Gigi. Kanai Lal left several debts and Gigi executed a deed of sale in respeot of thi