Kolkata Court October 1881 Judgments

In Re: Dhunno Kazi and anr. and Vs. Dhunno Kazi and anr.

Court: Kolkata

Reported in: (1882)ILR8Cal121

Wilson, J.1. We think there must be a new trial in this case. The first accused person is charged with knowingly and dishonestly using as genuine a forged document. The second is charged with abetting that offence. The using charged, was a using of the document as evidence in a civil suit. In that suit, which was in respect of certain land, the plaintiff derived his title from the sister of the accused by right of inheritance from her father. The document put in on behalf of the accused and which forms the subject of the present charge, purported to be a conveyance of the property by the father in his lifetime to the accused.2. The learned Judge appears to us, looking at his summing up as a whole, to have left the right issues to the jury, which were briefly stated, whether the document was forged, whether it was used with knowledge of that fact, and whether this was done fraudulently or dishonestly.3. But in dealing with the evidence bearing upon these issues, the learned Judge seems ...