P.K. Mohanti, J. - (1.)THIS criminal revision is directed against an order of conviction under Section 467 read with Section 109, Indian Penal Code and a sentence of R.I. for two years and also a fine of Rs. 300/ - with a default sentence of R.I. for a further period of four months.
(2.)ON a complaint petition filed by P.W. 5, Nalu Sahu, the Petitioner and two others were jointly charged under Section 467 read with Section 109, Indian Penal Code. The allegations were that the complainant had a brother named Kanduri Sahu who died issueless leaving behind him his widow Bengamani Bewa. Both the brothers were recorded as joint owners in respect of 1.16 acres of land appertaining to khata No. 65 in village Berhampore under Basta P.S. in the district of Balasore. Bengamani Bewa, the widow of Kanduri, died on 21.6 -1908. On 27 -3 -1970 the Petitioner obtained a sale -deed (vide Ext. 3) purported to have been executed by the said Bengamani Bewa in respect of 0.58 acre appertaining to the said khata No. 65 and got his name mutated in the office of the Tahasildar. Basta in Mutation Case No. 1865 of 1970 (vide Exts 4). On 24 -5 -1971 the Petitioner obstructed the complainant from ploughing the land claiming to have purchased the same from Bengamani Bewa. On enquiry, the complainant case to know that a sale -deed had been created on 27 -3 -1970 which purported to have been executed by Bengamani Bewa, the widow of Bhikari Sahu, in respect of 0.58 acre of land in his possession. He filed the complaint petition after obtaining a certified copy of the sale -deed. His contention was that the Petitioner with the help of the two other accused persons (since acquitted) created the sale -deed with a view to grab the properties.
The Petitioner admitted before the trial Court that Bengamani Bewa, the widow of late Kanduri Sahu, died on 21 -6 -1965. He, however, contended that Bhikari Sahu had two wives, viz. Benga and Bengamani. After his death Benga, the first wife lived with the complainant and Bengamani, the second wife went to her father's house and that the latter executed the sale -deed in his favour on receipt of consideration.

(3.)AT the trial, the learned Asst. Sessions Judge came to the finding that Kanduri Sahu had only one wife and she was Bengamani who died on 21 -6 -1968. He further found that the Petitioner had taken active part in the preparation of the forged sale -deed. On these findings he held the Petitioner guilty but acquitted the other two accused persons who were alleged to be attesting witnesses to the sale -deed.