STATE Vs. SHIV LAL

JUDGEMENT

(1.) Brief facts necessary to dispose of this reference are recapitulated as under:

(2.) A notice was given to accused Shiv Lal asking him to show cause as to why he be not tried and summarily punished under Section 340 of the Code. A search memo was falsely fabricated by the ASI knowingly the same to be a false document. This fabrication was made with a view to wilfully give false evidence against the accused in that case with the intention that such evidence would be used in those proceedings. On 22.1.1980, a person named Roop Chand was apprehended by a Constable and was produced in the Police Station where it was later on shown that he was having a graridar knife. That man was also shown to have been searched in the police station and from It is personal search, another small knife, and some keys were also recovered and a memo. was prepared. The evidence indicated that the memo was a false document prepared in the police station and that false evidence was adduced against that man by ASI Shiv Lal.

(3.) After the trial of this case, the learned Additional Chief Metropolitan Magistrate arrived at a definite conclusion that AS! Shiv Lal gave false evidence and fabricated false document knowingly and wilfully that such evidence would be used in such proceedings. A case under Section 340 of the Code was fully established against the ASI Shiv Lal and consequently he was convicted under Section 340 of the Code, and was sentenced to undergo imprisonment (or 15 days and to pay a fine of Rs. 200.00 and in default of which he was directed to further undergo simple imprisonment for 5 days.