JUDGMENT V.P. Mathur, J. - These proceedings started when an application was moved by Smt. Gyaneshwari Tiwari for probate of the will of her late husband Santan Tiwari son of Nar Singh Tiwari. The will is said to be dated 8-12-66 and was registered on 2/6-3-67 by the Chief Sub-Registrar of Varanasi. 2. The allegations in the petition were that Santan Tiwari died on 9-12-66 at 4.45 p.m. While he was being treated as a patient for food poisoning and consequent gastroenteritis in Sir Sunder Lal Hospital, Banaras Hindu University. At the time of his death he left property at Varanasi. His last will and testament was annexed with the petition and it was contended that it was duly executed in the Hospital on 8-12-66 and the petitioner-respondent Smt. Gyaneshwari Devi alias Lalli widow of the deceased is executor and legatee named in this will. She moved for probate. The deceased testator had left the following relatives as his only next of kin according to Hindu Mitakshara Law. (i) Sri Nar Singh Tiwari, aged 75 years, being lather of the deceased testator : (ii) Sri Khedaru Tiwari brother of the deceased testator. (iii) Sri Murilidhar Tiwari brother of the deceased testator (iv) Smt. Nagina Devi wife of Basu Deo Pandey, Sisters of the deceased testator. (v) And Smt. Shakuntala Devi wife of Sri Musai Tiwari Sisters of the deceased testator. At the time of his death the testator had his fixed place of abode in village Shrikantpur, Shahidgaon, District Varanasi. The petitioner was living at husbands house in the village while he himself was living in Gurtu Hostel Banaras Hindu University, in connection with his service. He was a Lecturer in the Agriculture College of Banaras Hindu University and was also a Research Scholar. 3. In fact the probate concerns a life insurance policy No. S-8021451 obtained by the deceased on 28-12-65, in which he had named his father Nar Singh Tiwari as nominee. This had happened before Smt. Gyaneshwari alias Lalli came to reside with the deceased after her Gauna ceremony, and during the course of his illness which ultimately ended in his death, the testator is said to have executed a will changing the choice of Domination and making his wife full owner of the entire policy amount. 4. This had happened before Smt. Gyaneshwari alias Lalli came to reside with the deceased after her Gauna ceremony, and during the course of his illness which ultimately ended in his death, the testator is said to have executed a will changing the choice of Domination and making his wife full owner of the entire policy amount. 4. Two separate objections were filed one Nar Sing Tiwari and another by Murlidhar Tiwari against the grant of probate to Smt. Gyaneshwari alias Lalli. The grounds taken by them are almost similar. They contended that Santan Tiwari had very great love, respect and reverence for his father Nar Singh Tiwari who in spite of his non-affluent circumstances arranged for his high education. Santan Tiwari was a very brilliant student right from High School to his B.Sc. (Ag.) and M.Sc. (Ag.) examinations. He was a gold medalist and alter passing M.Sc. examination he was appointed as Lecturer in the Agriculture College of Banaras Hindu University. He was obliged to his father for all that he had done for him in spite of his poor circumstances and for his sacrifices and as a dutiful son when he took Policy No. S-8021451 he appointed Nar Singh Tiwari as sole nominee. 5. It is further contended that Santan Tiwari was married to the petitioner-respondent Smt. Gyaneshwari alias Lalli. Soon after the marriage their relations had started with cordiality and happiness in the beginning but some time later they became strained and unhappy. It is contended that the will dated 8-12-66 relied upon by the petitioner is not genuine and true will of Santan Tiwari but a forged document manufactured after his death. Santan Tiwari was not in a fit testamentary capacity on the date and at the time of the alleged will. He died in very suspicious circumstances and there is some apprehension that he might have been murdered as a result of pre-planned scheme. It may be mentioned that Dr. Vivekanand Pandey, who is petitioners real brother is employed in Sir Sunder Lal Hospital, Banaras Hindu University. Dr. H. L. Dube is his ; colleague. Dwarika Singh and Hafizullah are intimately connected with him and his younger brother K. N. Pandey. All these persons entered into a conspiracy and manoeuvred to forge the impugned will. Vivekanand Pandey, who is petitioners real brother is employed in Sir Sunder Lal Hospital, Banaras Hindu University. Dr. H. L. Dube is his ; colleague. Dwarika Singh and Hafizullah are intimately connected with him and his younger brother K. N. Pandey. All these persons entered into a conspiracy and manoeuvred to forge the impugned will. Since Nar Singh Tiwari is the sole nominee in the life insurance policy, hence the petitioner was not entitled to seek probate on the basis of the will which was a rank forgery. 6. The case was registered on the regular side and the learned Court below (1st Additional District Judge, Varanasi) struck two issues for determination in the case. They were: - (1) Is the will set up by the petitioner genuine and validly executed? (2) To what relief, if any, is the petitioner entitled? 7. He decided both the issues in favour of the petitioner and decreed the suit of the petitioner for grant of the probate on the basis of the will dated 8-12-66. Against this order the present appeal has been preferred. 8. The learned Judge of the Court below in the beginning of his judgment has referred to a Supreme Court decision in Pushpavati v. Chandraja Kadamba, AIR 1972 SC 2492 , which lays down the principles which are to be considered in the cases concerning the probate of the will. To summarise, the following principles have been laid down: - (i) It is for the propounder of the will to prove it; (ii) If there are no suspicious circumstances surrounding the execution of the will then proof of the testamentary capacity and the signature of the testator according to law shall be sufficient to discharge the onus; but (iii) if there are suspicious circumstances surrounding the execution of the will, it is for the propounder to explain them away to the satisfaction of the Court. 9. The Supreme Court has also observed as to what may be the suspicious circumstances in a given case. It lays down that if there are doubts about - (1) the genuineness of the signatures of the testator; (2) condition of the testators mind; (3) naturalness of the disposition; (4) probability and fairness of the transaction in the light of the relevant circumstances; and (5) free exercise of the mind of the testator, then it may be a case of suspicious circumstances. 10. 10. It was further laid down that if the propounder succeeds in removing the suspicious circumstances, then the will has to be given effect to.even if it maybe unnatural in the sense that it cuts wholly or in part the near relations. 11. In the context of this legal position, we must note that undoubtedly the marriage between Santan Tiwari and the petitioner Smt. Gyaneshwari Devi was performed sometime in the year 1962. This period may be fixed in view of the statement dated 27-10-72 of the petitioner wherein she says that she was married about 10 years back. There is again no dispute as regards the fact that for three years after the marriage the petitioner continued to live with her parents and it was only after her Gauna which took place in the year 1965 that she came to live with her husband. It was in December, 1965, precisely on 28-12-65, that the life insurance policy for a sum of Rs. 20,000/- bearing No. S-8021451 was obtained by Santan Tiwari. Admittedly by that time Gauna had not taken place and the lady had not entered into the house of the testator. The testator had, therefore, nominated his father Nar Singh Tiwari as beneficiary and the purpose of the insurance was clearly mentioned as family provision. 12. Another fact which is now not disputed at all is that Santan Tiwari was living in Gurtu Hostel of the Banaras -Hindu University. He suddenly got ill between the night of 7th and 8th of December, 1966 and the evidence indicates that he had taken meat as his last diet and it caused food poisoning. In that condition, at about 2.25 a. m., On 8-12-66, he was admitted to the Students Ward of Sir Sunder Lal Hospital as an emergency patient by some Students. The record shows that it was a suspected case of Castro enteritis as a result of food poisoning. He remained under treatment up to 4.45 p.m. on 9-12-66 when in spite of all possible treatment he expired. 13. The medical position in this case may also be made clear at this stage. Modi in his Medical Jurisprudence and Lexicology, Fourteenth Edition, 1963, at page 644, deals with the subject of food poisoning. According to him, it occurs occasionally as an acute illness shortly after the consumption of some food. 13. The medical position in this case may also be made clear at this stage. Modi in his Medical Jurisprudence and Lexicology, Fourteenth Edition, 1963, at page 644, deals with the subject of food poisoning. According to him, it occurs occasionally as an acute illness shortly after the consumption of some food. The case is infection in the food with living bacteria of a particular group. In the process of cooking these bacteria are destroyed but they generate certain toxicant which are resistant even to heat and may continue in food even if it is boiled for so long as an hour. Such kind of foods are infected meals, fish, eggs, milk cheese, Ice-creams and tinned foods. 14. He also mentions some chief symptoms of the illness from food poisoning. They may be headache, giddiness, intense thirsts acute vomitings, diarrhoea with colic pain in abdomen, rise in temperature with rigours, muscular weakness, cramps, paralysis of the lower limbs and weak pulse. It is possible that death may occur because of failure of heart. 15. About treatment it is mentioned that stomach wash should be made. Brisk saline purgatives should be administered to empty the bowels and glucose saline infusion should be made to promote elimination of the toxins from the system. Stimulants may also be given. 16. In the light of the above medical position, we will have to consider the question of ad ministration of glucose saline to Santan Tiwari between 3 am. to 12 p.m. on 8-12-66, intermittently. The argument of the learned counsel' appellants that the administration of glucose saline continuously indicated deteriorating physical and mental condition of Santan Tiwari and hence he could not have been conscious enough to execute the will, is far from reality. Glucose Saline, as have already mentioned above, is given in such cases of food poisoning with a view to promote elimination of the toxins from the system and for no other purpose. 17. Of all the relatives about whom a mention has been made by me above, Smt. Gyaneshwari after her marriage with Santan Tiwari was closest and nearest to him. Of course, prior to this marriage and especially the Gauna, Santan Tiwari was more attached to his father because of the great sacrifices which the old man had made in seeing his son through his educational career in spite of his poor circumstances. Of course, prior to this marriage and especially the Gauna, Santan Tiwari was more attached to his father because of the great sacrifices which the old man had made in seeing his son through his educational career in spite of his poor circumstances. It is, therefore, very natural that when the policy No. S-8021451 was obtained on 28-12-66 Santan Tiwari out of great regard and affection for his father nominated him as the beneficiary. It would be equally natural and acceptable if after Gauna when Smt. Gyaneshwari came to live with him he should have thought of changing the nomination in her favour. No suspicious circumstance would attach to such a desire and to such an act if it is taken. 18. The suspicious circumstances sought to be raised by the present appellants and Nar Singh Tiwari were many fold. Firstly, it was contended that the will in question does not bear the signature of Santan Tiwari at all Thus the genuineness of the signatures was challenged. Then it was contended that the testator was not in a fit disposing state of mind. Thirdly, it was contended that he was not in a situation in which he could freely exercise the mind and execute the will and lastly, it is contended that in view of the fact that in the policy the nomination was in favour of Nar Singh Tiwari and this was due to love and affection and reverence which Santan Tiwari had for him, therefore, the will is in all probabilities most unfair and hence suspicious. 19. Let us take up each item separately. 20. So far ant Ext. 1, which is the will, shows that Santan Tiwari had signed it at two places. These two signatures are of two different types. In the first place, he has signed his full name and has given his designation and address. In the second place, he has put his signature as S. Tiwari. The attesting witnesses are Dr. H. L. Dube, Resident Medical Officer, Sir Sundar Lal Hospital, Banaras Hindu University, and D. Singh (Dwarika Singh), Farm Superintendent of the Agriculture College of Banaras Hindu University. They have been examined as P. W. 1 and P.W. 2. The third witness is Ganesh Singh, who was undoubtedly attending on the deceased and has identified his handwriting and signatures. H. L. Dube, Resident Medical Officer, Sir Sundar Lal Hospital, Banaras Hindu University, and D. Singh (Dwarika Singh), Farm Superintendent of the Agriculture College of Banaras Hindu University. They have been examined as P. W. 1 and P.W. 2. The third witness is Ganesh Singh, who was undoubtedly attending on the deceased and has identified his handwriting and signatures. This man was a Research Scholar in the Agriculture College and was close to Santan Tiwari. Smt. Gyaneshwari Devi also entered into the witness-box and she has clearly proved the signatures and handwriting of her husband The case of rank forgery was not seriously contended although it was put forth and no evidence was adduced by the appellants or Nar Singh Tiwari to show that the document did not bear the signatures of the testator. Hence, after going through the entire evidence on record it becomes absolutely clear that the document Ext. 1 does bear the genuine signatures of the testator at two places and at one place the testator has even given his designation and address. 21. It is contended that this document Ext. 1 was drawn out on a very suspicious type of paper. In this respect again there Is fumbling uncertainty in the appellants contention and evidence. At one time it is contended that it appears to be the first page of an exercise book and the suggestion is that Santan Tiwari was in the habit of writing his name and designation on the first page of his exercise book. The suggestion was that a page from one such exercise book was torn out and the will was manufactured on it and the name and designation recorded by Santan Tiwari was used to denote the execution of the will This story was, however, given a good-bye when Smt. Gyaneshwari entered the witness-box and said that after demise of Santan Tiwari all the note-books and exercise books and most of the papers were taken away by the appellants and she is not possessed of any such exercise book. She was not cross'-examined on this aspect of the matter and the futility to argue that she could extract a , page out of one exercise book and get the will manufactured was clearly seen. 22. Then another suggestion was put forth and it is that the will has been drawn out on a paper from the writing pad. She was not cross'-examined on this aspect of the matter and the futility to argue that she could extract a , page out of one exercise book and get the will manufactured was clearly seen. 22. Then another suggestion was put forth and it is that the will has been drawn out on a paper from the writing pad. How that will help in showing it to be not genuine or suspicious is, however, not clear. Even if it is a writing pad out of which a paper v/as taken and will was drafted out and signed, it will not cease to be a will if otherwise it is legally so. Ganesh Singh P.W. 3 says that as a research scholar student he had with him a pad type of paper book and out of it he handed over a paper on which the will was drawn out there is absolutely no proof of the fact that Smt. Gyaneswari or her brothers Vivekanand Pandey and Krishnanand Pandey were present at the time when the will was drawn out and signed. On the contrary, the witnesses in whose presence it was drawn out and signed are Dwarika Singh, Dr. H. L. Dube and Ganesh Singh. It was suggested that these three persons entered into a conspiracy with the brothers of Smt. Gyaneshwari Devi and with her, to forge out a will and debar Nar Singh Tiwari from the benefits of the Insurance Policy. We have to consider this assertion in the background of the question as to who is to be benefited by this will and the answer will immediately be clear that it will be Smt. Gyneswari and none else. 23. So far as Dr. H. L. Dube is concerned, he has not shown himself to be at all interested in the family. He did not know Vivekanand from before and had no concern with Krishnanand. His testimony in this respect is believable and has to be accepted. He had no concern with Smt. Gyaneswari Devi either. The documents on record which the learned Judge of the Court below has referred to in detail clearly establish that he was present in the Hospital and was attending on Santan Tiwari and the neighbouring patients during the period that Santan Tiwari remained in the Hospital. He had no concern with Smt. Gyaneswari Devi either. The documents on record which the learned Judge of the Court below has referred to in detail clearly establish that he was present in the Hospital and was attending on Santan Tiwari and the neighbouring patients during the period that Santan Tiwari remained in the Hospital. He was the first person who checked up Santan Tiwari immediately after his admission in the Hospital at about 3 in the morning. The general supervision was of Dr. Somani and Dr. Narialwala, who were constantly being consulted and their advice was being adhered to, but the actual treatment was of Dr. H. L. Dube. So far as Dwarika Singh is concerned, he was close to the deceased but surely not close to the in-laws or the wife and he had no axe to grind if the will was executed by the deceased in favour of his wife. Similarly, Ganesh Singh was also sympathetic to the deceased as being a colleague and attendant but he dad no interest in Smt. Gyaneswari Devi and nothing adverse against Nar Singh Tiwari and his family members. After considering the entire evidence on record, which has been so elaborately and in detail considered and commented upon by the trial Court, I am of the view that there is absolutely nothing suspicious in the execution of the will. 24. The condition of the testators mind and free exercise of the mind has been challenged. Medical documents have been placed on record. It is contended that right from the very beginning when Santan Tiwari was got admitted by some students in a precarious condition to the Hospital he was unconscious and remained in that state throughout till his death. One witness Sangam Nath Sharma (D.W. 7) has been examined in support of this contention. He was a student of B.A. Part II of Banaras Hindu University and for a general clinical check up he was admitted to Bed No. 168. Santan Tiwari was on Bed No. 169 Extra and there was a distance of 8 to 10 feet in between. He was a student of B.A. Part II of Banaras Hindu University and for a general clinical check up he was admitted to Bed No. 168. Santan Tiwari was on Bed No. 169 Extra and there was a distance of 8 to 10 feet in between. This Sangam Nath Sharma has come in the witness-box to speak about certain facts which took place 7 years back and has narrated them as if they were the happenings of yesterday, although he claims to have no special connection either with the deceaseds father or brothers or any members of their family. His contention is that he did not see Santan Tiwari speaking to anybody at any time. This witness was under the treatment of Dr. H. L. Dube and Dr, Narialwala on 8-12-66. According to him, Santan Tiwari was brought to his bed on a stretcher and his condition continued to deteriorate till he was dead. He positively establishes that he did not know Santan Tiwari from before. He himself remained admitted to Hospital from 7-12-66 to 12-12-66 for merely clinical test. He had no particular ailment, and on his own showing he was moving about freely and even visiting his home during this period. He had no particular reason to remember the details as to how Santan Tiwari was b ought to his bed, how he was treated and how he behaved, especially when neither he knew him nor should have been interested in him. On the December night at about 2.35 a.m. Santan Tiwari was brought to his bed. That was an hour when others should have been asleep and there is no reason why this witness was awake and noted how Santan Tiwari was brought. He admits that he did not tell anybody at any time right up to the date of his deposition that he knew Santan Tiwari. He fails to remember whether Dr. H. L. Dube was Resident Medical Officer and had even attended on him. He even makes a false statement that no Doctor ever enquired of him about his condition and he was undergoing only clinical test. This is not borne out from the record. He did not ever hear or see anybody talking to Santan Tiwari. H. L. Dube was Resident Medical Officer and had even attended on him. He even makes a false statement that no Doctor ever enquired of him about his condition and he was undergoing only clinical test. This is not borne out from the record. He did not ever hear or see anybody talking to Santan Tiwari. He is also unable to tell as to who were his close neighbours on the other beds near about and what was their condition, and still about Santan Tiwari he makes a very definite deposition. He is an unreliable witness. Then it is contended with reference to the admission documents of other patients in the Ward that u though other patients signed their own names on these cards but Santan did not sign his card and, it is contended that Santan Tiwari was not in a position to do so and perhaps was unconscious and hence could not have executed the will. It is true that the admission card of Santan Tiwari bears the signatures of some one else, may be of the students who brought him and got him admitted, but that does not show that Santan Tiwari was not able to speak or was unconscious. On the contrary, the documentary evidence shows that he was perfectly in his senses. Dr. H. L. Dube proved the entries in the Hospital records which were brought in the Court at the instance of the appellants. He first attended upon the testator at 3.00 a. m. on 8-112-66. The mentioned pulse rate and blood pressure of the patient and also the fact that he was vomiting. Some medicines were administered. At 4.00 a. m. again he recorded The pulse rate, blood pressure and temperature and the fact that the vomiting was still present. He also mentioned the fact that the patient complained of severe headache. If it was a fact, which is not disputed and denied, that the patient complained of headache, then the theory of unconsciousness melts in the seminar. There is no mention anywhere in the entire record that at the time of the admission and subsequently thereafter up to 4.30 p. m. on 9-12-66 the patient was ever unconscious. If it was a fact, which is not disputed and denied, that the patient complained of headache, then the theory of unconsciousness melts in the seminar. There is no mention anywhere in the entire record that at the time of the admission and subsequently thereafter up to 4.30 p. m. on 9-12-66 the patient was ever unconscious. On the contrary, the record shows that the patient had improved and was progressing hut suddenly at about 4.30 p. m. on 9-12-66 he started sinking and artificial respiration was administered at 4.45 p. m. along with coaming and other medicines. Dr. Somani and Dr. Narialwala both were present and the patient expired at 4.45 p. m. There is sworn testimony of Dr. Dubey that the patient was not unconscious before 4.30 p. m. on 9-12-66. 25. It is suggested as another circumstance in support of the unnaturalness of the will that the relations between the deceased and his wife Smt. Gyaneswari Devi were strained and hence he could not have executed the will. There is nothing more farther from the truth than this assertion. To support that even the appellants came with the story that for sometime after the marriage at least the relations were cordial and happy. According to them, it was only subsequently that the relations became strained. Perhaps the lady wanted to prosecute further studies in Varanasi but Santan Tiwari was forcing her to live in the village. There is, however, evidence on the record consisting of the statement of one of the appellants that Santan Tiwari had arranged for her coaching at Varanasi and she as well as husband were both satisfied with the arrangement. A letter (Ext.1) has also been placed on the record. It is in the handwriting of Smt. Gyaneswari Devi addressed to her father complaining about the treatment which was being meted out to her by her in-laws in the village. This letter itself knocks at the bottom of the appellants case. It is a paper filed by them and hence relied upon by them and it shows that Smt. Gyaneswari Devi wanted her father to take her to Varanasi even on a false pretext as that was also the wish of her husband and because the husband was also not very happy with the treatment that was being meted out to her in the village. 26.The story of preplanned murder of Santan Tiwari by the brother-in-laws with the connivance of the wife is a sordid story which has remained absolutely unproved. It will not be necessary for me to discuss this aspect of the matter because the learned Court below has recorded a very detailed finding on this point. It will be too much to assume that the wife and her brothers will plan out murder of the only benefactor and that too within days of the birth of the child and within a very short time after the marriage. 27. After going through the entire evidence on record, I do not find any suspicious circumstance around the will and its execution and I agree with the learned Court below that the will is a genuine document, duly executed by Santan Tiwari, with a free disposing mind and after fully understanding its implication. 28. In the result, the order passed by the Court below was perfectly justified and has got to be upheld and the appeal has to be dismissed with costs throughout. 29. Consequently the appeal fails and is hereby dismissed with costs throughout.