S.K.Verma, J. - (1.) Babu Ram Kulshreshta has been convicted by the learned Civil and Sessions Judge of Etah under Sections 467, 471, 477 and 201 I.P.C. He has been sentenced to three years' R. I, and to pay a fine of Rs. 1000/- with six months' rigorous imprisonment in default of payment of fine under Section 467 of the Code, to three years' R. I. under Section 471 of the Code and to three years' R. I, under Section 477 of the Code, but no separate sentence has been awarded to him under Section 201 of the Code. The sentences under Sections 467, 471 and 477 of the Code have been ordered by the learned trial Judge to run concurrently.
(2.) The charge against the appellant was that he forged a will dated the 15th of May 1957, purporting to have been executed by a widow, Kalawati, in favour of his grand-daughter, Kumari Basanti.
(3.) The following facts are not in dispute, Kalawati was the widow of one Din Dayal who died in 11908 without leaving any issue. Kalawati inherited her husband's property, She was a resident of village Narharpur, Police Station Akrabad, district Aligarh. In the years 1931, 1932 and 1933 her Phupha, Babu Sarup Narain, was posted at Etah as Sessions-Judge. The appellant was Government Pleader of Etah in those years. Srimati Kalawati visited her Phupha and, as she had property in connection with which she frequently stood in need of legal help, the appellant was introduced to her by Babu Sarup Narain. In 1933 Babu Sarup Narain was transferred. In 1947 she left her village Narharpur and came and took up her residence with the appellant. In 1951 she left the appellant's house and went to live with another relation of hers, Ramesh Chandra P.W, 3, also a resident of Etah, She lived with Ramesh Chandra for three months and then took a house on rent from Ganga Narain and lived there for some time. She, subsequently, fell ill and was admitted into a hospital where she died on the 29th of June 1957.;