GANGAWWA Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner has been convicted of an offence under section 193 I.P.C. by the Judicial Magistrate, Ist Class, Bijapur, and sentenced to suffer one year's R. I. In the appeal filed by the petitioner against the said conviction and sentence to the Sessions Judge of Bijapur, the conviction was confirmed, but the sentence was reduced to three months' R. I. The petitioner has come up in revision to this Court questioning the correctness and legality of the said order of the Sessions Judge confirming her conviction.

(2.) In P. R. Case No. 5/1963, in a proceeding under section 512 Cr.P.C. the petitioner examined as a witness by the Judicial Magistrate, I Class, Bagewadi, and made a certain statement on oath. When the petitioner was examined in the committal proceedings in P. R. Case No. 2/65, she made another statement wholly irreconcilable and contradictory to the previous statement. After issuing show cause notice, the learned Magistrate directed that a complaint be filed against the petitioner under S. 193 IPC. After the trail, the Judicial Magistrate, I Class, Bijapur, convicted her of an offence under S. 193, IPC.

(3.) Sri Malimath learned counsel on behalf of the petitioner, has contended that the charge framed against the petitioner is defective. The charge simply says that either of the statements made by her in the two different proceedings is false and it does not say which particular statement made by her is false. He also argues that the charge framed is not consistent with the complaint or the committal order in the case. I see no force in the said contentions.