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1942 Supreme(Mad) 313

HORWILL


JUDGMENT

Horwill, J.

1. The third accused (appellant in C. A. No. 206 of 1942) has been convicted by the Sessions Judge of Kurnool of an offence punishable under Section 467, Indian Penal Code and sentenced to two years rigorous imprisonment. Accused 1 and 2 (appellants in C. A. Nos. 205 of 1942 and 206 of 1942, respectively) have been found guilty of abetting that offence and have been sentenced to three years rigorous imprisonment.

2. The document which is said to be forged is a karar or relinquishment deed; and it is the prosecution case that this document was forged in order to support the title of the second accused--and incidentally that of the first accuseds father-in a dispute between the second accused and his brother, P. W. 1.

3. The principal evidence that this document is forged is that of P.W. 2, supported by P. Ws. 3 and 4, that this karar which purported to have been executed five years before was shown to P. W. 2 and he was asked to attest it. Fortunately for him and for the complainant, P.W. 1, P. W. 2 did not meekly attest this document but read it through. He then suspected that this might not be a genuine document and insisted on taking it away in order to show it




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