BASAPPA Vs. STATE

JUDGEMENT

(1.) The appellant Basappa has been convicted of an offence under Section 211 of the Indian Penal Code for having falsely charged Basappa, son of Muruliah and nine others of Doddametikurke village in Arsikere Taluk of having committed the murder of one Basappa of the same village on the evening of 1-10-1952, by the learned Sessions Judge, Mysore Division in Hassan Sessions Case No. 4 of 1956 and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs. 100/- and in default to suffer simple imprisonment for a further period of one month.

(2.) The relevant facts are as follows One Basappa, son of Maruliah. a resident of Doddame-tikurke village in Arsikere Taluk was found murdered in front of Anjaneya Temple of the village at about 10 P.M. on 1-10-1952. The appellant Basappa appeared before the Patel of the village and lodged information to the effect that Basappa, son of Maruliah and nine others of the village, who bore illwill against the deceased made a murderous attack on Basappa with sharp instruments, while he was returning from his field in front of the Anjenaya Temple of the village. The appellant gave the Patel to understand that the attack on Basappa was made in his presence and that he escaped from the place when the attackers began to chase him also. The Pate! reduced the information into writing and obtained the signature of the appellant to it. He then sent the report to the Sub-Inspector of Police of Arsikere village through the present appellant on the very same night. The Sub-Inspector of Police recorded the further statement of the appellant in the Police Station and registered a case for offences under Sections 302, 147, 148, 34 and 114 of the Indian Penal Cede against Basappa and nine others of Doddametikurke village. After necessary investigation a charge-sheet for offences under Sections 302, 147 and 148 read with Sections 34 and 114 of the Indian Penal Code was placed against the ten accused persons named by the appellant in his report to the Patel and the Sub-Inspector of Police in Criminal Case No. 472 of 1952-55 on the file of the First Class Magistrate, Hassan. The appellant was cited as one of the witnesses in the charge-sheet. While the appellant was examined as the first witness for the prosecution in the Magistrate's Court, he gave evidence to the effect that the information that he had conveyed to the Patel and the Sub-Inspector of Police that deceased Basappa was attacked by the accused in his presence was not true. As a result of the evidence of the appellant the accused were discharged by the learned Magistrate, Then the Inspector of Police made an application to the Magistrate for permission to prosecute the appellant under Sections 193 and 211 of the Indian Penal Code for having lodged a false complaint against Basappa and others. After hearing the objections of the appellant, the learned Magistrate allowed the application of the Inspector of Police for taking action against the appellant. Then the Inspector of Police placed a charge-sheet against the appellant for offences punishable under Sections 193 and 211 of the Indian Penal Code in respect of the false information lodged by him with the Patel and the Police. The District Magistrate of Hassan, who conducted the enquiry, framed a charge for an offence under Section 211 of the Indian Penal Code against the appellant and committed him to take his trial before the Court of Session, Mysore Division. It is in respect of this charge that the appellant was tried before the Sessions Judge, Mysore Division in Hassan Session Case No. 4 of 1956. The learned Sessions Judge, who recorded the evidence of the prosecution witnesses and the one witness examined on behalf of the appellant held that the appellant was guilty of an offence under Section 211 of the Indian Penal Code for having falsely implicated Basappa and nine others who were accused in C.C. No. 472 of 1952-53 on the file of the First Class Magistrate, Hassan and convicted and sentenced the appellant as stated above. It is the legality and correctness of this decision that is challenged in this appeal.

(3.) It cannot be, and it is not disputed that Exhibit P-2, the report sent by the Patel of Dodda-metikurke village was based on the information laid before the Patel by the present appellant; that Exhibit P-2(a) is the further statement of the appellant recorded by the Police Officer at the station on 2-10-1952. It is proved by the evidence of P.W. 1 Sri N.S. Krishnamurthi, the then First Class Magistrate at Hassan that Exhibit P-5 is the copy of the evidence given by the present, appellant on oath in Criminal Case No. 472 of 1952-53 on 9-12-1952.