KRISHNAPPA Vs. THOPPAIAH SHETTY

JUDGEMENT

(1.) Revision petitioner calls in question the legality and the correctness of issue of notices to him and six others by the 11 Addl. Sessions Judge, Bangalore in Crl. Misc. 1143/92 on 20-81992 on an application by the respondent herein under Section 340 of Cr.P.C. praying the court to conduct preliminary enquiry, record its findings and punish the petitioner and six others for an offence under Section 195 R/w Section 34 of IPC.

(2.) Thopaiah Setty, respondent herein is the applicant. Krishnappa revision petitioner, Sanna Setty and five others are the respondents in the application.

(3.) Few facts leading to the presentation of this revision may be stated thus : On a complaint by Krishnappa for the alleged attempt to murder Sanna Setty, Sub-Inspector of Police in Srirampuram police station registered a case against Thopaiah Setty, his son T. Nagaraja and 2 others continued investigation and thereafter charge-sheeted them for offences under Section 341, 307 R/w 34 of IPC. The case was committed to the Court of Sessions for the trial of the accused for the said offences and the case was taken on file in S.C. 112/88. The learned Sessions Judge framed charge for an offence under Section 307, R/w 34 of IPC and since the four accused pleaded not guilty, they were put on trial. Thereafter the prosecution examined 12 witnesses including the present revision petitioner and produced certain documents. The learned Sessions Judge after hearing both the learned Public Prosecutor and the defence counsel and after considering the evidence by judgment dated 21-2-t992 acquitted A-I of the offences they stood charged. In the course of the judgment, the learned Judge made an observation that the second witness for the prosecution Senna Setty (Respondent No. I in the application) has no regard for truth, the prosecution has misreably failed to prove Ex. P8 the medical certificate and the prosecution has failed to put forth the correct facts effectively and the whole of the evidence is either concoction or exaggeration. Thereafter on 13-8-1992 Thopaiah Setty (A-1) made this application under Section 340 of Cr.P.C. before the Sessions Judge against the complainant Krishnappa. PW 2 Sanna Setty and 5 others praying the court to conduct preliminary enquiry, record its findings and punish all of them for having committed an offence punishable under Section 195 R/w 34 of IPC and such other offences the court may deem fit in the interest of justice. On receipt of this application, the learned Prl. City and Sessions Judge assigned the case to the Sessions Judge sitting in CH-2. The learned Judge in CH-2 on 20-8-1992 ordered notices to respondents and this portion of the order is now under challenge.