JUDGEMENT

1. There was a Postal Savings Bank Account in the Sub Post Office at Parlakhemundi in the name of one S. Appalswamy. He was seriously ill from 5-10-1969 and ultimately died on 25-2-1970. On 29-11-1969 the accused persons withdrew Rs. 4,000/- from his Savings Bank Account by forging the withdrawal application. Accused B. Lachu is the sister of the deceased wife of Appalaswamy. Accused Rama Rao is a mail peon in the Parlakhemundi Sub-post Office. S. Narayana, brother of deceased Appalaswamy, lodged F.I.R. on 10-9-1971 in the Parlakhemundi police station for offences under Sections 120-B, 406 and 467, Indian Penal Code. On 20-12-1971 police submitted final report. S. Narayana filed a protest petition on 23-12-1971 which was treated as a complaint. The Sub-Divisional Magistrate, Parlakhemundi recorded the initial statement the complainant on 3-1-1972 and took cognizance under Sections 406/34 and 467/34, Indian Penal Code and issued summons to the accused persons. It is to be noted that under the Criminal Procedure Code, 1898 (hereinafter to be referred to as the old Code) Section 467, Indian Penal Code is exclusively triable by the Court of Session. Accordingly the learned Mag