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B. N. AGARWAL, H. K. SEMA, G. P. MATHUR, P. K. BALASUBRAMANYAN
Iqbal Singh Marwah – Appellant
Versus
Meenakshi Marwah – Respondent
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Judgment
G.P. Mathur, J.—Leave granted in Special Leave Petition (Crl.) No. 4111 of 2000.
2. In view of conflict of opinion between two decisions of this Court each rendered by a bench of three learned Judges in Surjit Singh vs. Balbir Singh 1996 (3) SCC 533 and Sachida Nand Singh vs. State of Bihar 1998 (2) SCC 493, regarding interpretation of Section 195(1)(b)(ii) of Code of Criminal Procedure 1973 (for short ‘Cr.P.C.’), this appeal has been placed before the present Bench.
3. The facts of the case may be noticed in brief. The appellant Nos. 1 and 2 are real brothers of Mukhtar Singh Marwah, while respondent Nos. 1 and 2 are his widow and son respectively. Mukhtar Singh Marwah died on 3.6.1993. The appellant No.1 filed Probate Case No. 363 of 1993 in the Court of District Judge, Delhi, for being granted probate of the will allegedly executed by Mukhtar Singh Marwah on 20.1.1993. The petition was contested by the respondents on the ground that the will was forged. On their application the appellant No.1 filed the original will in the Court of District Judge on 10.2.1994. Thereafter, the respondents moved an application under Section 340 Cr.P.C. requesting the Court to file a criminal
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