PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was PW3 in CC No. 422 of 2006 on the file of the Chief Judicial Magistrate Court, Thodupuzha for the offences punishable under Sections 324 , 326 and 506(ii) of the Indian Penal Code (hereinafter referred to as, " IPC "). During the trial of the said case, the revision petitioner was examined in chief as PW3 on 02.04.2008. Thereafter, his cross examination was adjourned from time to time and finally, he was cross examined on 22.10.2008. In CC No. 422 of 2006 on the file of the Chief Judicial Magistrate Court, Thodupuzha, PW2 was the injured. In chief examination, PW3 stated that he had witnessed the accused therein assaulting PW2. However, during cross examination, he turned hostile to the prosecution, denying his version in the chief examination. The learned Chief Judicial Magistrate, who tried the case, was of the view that PW3, the revision petitioner herein, intentionally adduced false evidence and in the interest of justice, he should be prosecuted for the offence punishable under Section 193 of the IPC. Having found so, the learned Chief Judicial Magistrate gave an opportunity to PW3 to show cause as to why proceedings under Section 340(1) of the Code of Criminal Procedure (hereinafter referred to as, " Cr.P.C .") shall not be initiated against him. In response to the same, the PW3 submitted before the court that he was not aware of the consequences and prayed for mercy of the court. However, the learned magistrate conducted enquiry under Section 340(1) of Cr.P.C. and entered a finding that PW3 had committed an offence punishable under Section 193 of the IPC. Accordingly, the learned Chief Judicial Magistrate prepared a complaint and forwarded to the Judicial First Class Magistrate Court-I, Thodupuzha for trial and disposal.

(2.) On the appearance of the PW3/accused, the learned magistrate, after having heard both sides, framed charge under Section 193 of the IPC against the accused. The charge was read over, to which the accused pleaded not guilty. In the trial that followed, PWs 1 and 2 were examined and marked Ext.P1. On closing the evidence of the prosecution, the accused was questioned under Section 313(1)(b) of the Cr.P.C. He denied all the incriminating circumstances appearing in the evidence against him. However, he produced Ext.D1 judgment in Crl.Appeal No. 304 of 2008 on the file of the Additional Sessions judge (Adhoc-I), Thodupuzha, wherein the accused, who was convicted by the trial court in CC No. 422 of 2006, was found not guilty of the offences alleged against him and was accordingly acquitted thereunder.

(3.) On appreciation of the evidence, the trial court convicted and sentenced the accused to undergo simple imprisonment for the one year for the offence punishable under Section 193 of the IPC. Challenging the conviction and sentence, the accused preferred Crl.Appeal No.109 of 2010 before the III Additional Sessions Court, Thodupuzha. The learned Additional Sessions Judge dismissed the appeal confirming the conviction and sentence rendered by the trial court.