- (1.) In both the rules the order dated June 17, 1970, passed by Sri S.S. Ganguly, Judge, Special Court, Hooghly, framing charges against the Petitioners in Special Court Case No. 1 of 1966 has been challenged. In Revision case No. 616 of 1970 one Dr. Panchanan Pal and his son Ranjit (Kumar Pal are the Petitioners. In Criminal Revision No. 838 of 1970 Dr. Uma Charan Kumar and one Bholanath Mukherjee are the Petitioners.
(2.) The background of the case out of which these two cases have arisen may, in short, be stated like this: One Hrishikesh Ghosh, maternal uncle of the accused Panchanan Pal, got one policy No. 9062763 from the Life Insurance Corporation of India for the sum of Rs. 8,000, the said policy commenced from October 15, 1957. The Petitioner Bholanath Mukherjee was the agent whose code No. is 551441 in the register of the said Corporation. Dr. Uma Charan Kumar was the medical officer who was to submit his report as to the personal statement of the insured. The proposal form thereafter consisting of personal statement, confidential report of the medical officer was sent to the Divisional Office of the Corporation through the medical examiner, i.e. Dr. Uma Charan Kumar. The verification of the age was to be made by reference to policy No. 746287 for Rs. 35,000 issued in 1956 by the National Insurance Company, one of the units of the Life Insurance Corporation on the life of Hrishikesh Ghosh.
(3.) The prosecution case is that Hrishikesh Ghosh was an asthmatic patient and that he was aged about 62 when the policy No. 9062763 for the sum of Rs. 8,000 was proposed to be made; moreover, he was a man practically of no substance; there was a conspiracy between the Petitioners of both the revision cases as well as with one Joydeb Pal, another son of Dr. Panchanan Pal, for cheating the Life Insurance Corporation of India for the sum of Rs. 8,000; in furtherance of that conspiracy, Hrishikesh Ghosh, the insured, was taken to the house of Dr. Panchanan Pal on the plea of his treatment; he caused the said policy to be assigned to the name of his two sons. The prosecution case, further, is that Hrishikesh Ghosh died on October 18, 1959, the conspirators thereafter wanted to get the money covered by the said policy; the conspiracy of all those Petitioners and joydeb Pal was detected and information, was lodged with the Police.;