VENKETESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 4th respondent filed Ext. P1 complaint on 27/10/1978 before the 3rd respondent, accusing PW 3 of theft of a cycle. PW 3 is the driver of one Ramaswamy. A crime was registered on this complaint. After investigation PW 5 referred the case as false. Thereupon be filed a charge against the 4th respondent under S.182, IPC before the 2nd respondent on the allegation that Ext. P1 contained false statements. That case was tried as S. T. No. 1582 of 1979 in the Court of the Additional Judicial 1st Class Magistrate, Quilon, the 2nd respondent. The petitioner, who is the brother of Ramaswamy, was examined as DW 1, apparently, according to him, to discredit him and to get several answers in chief-examination and cross examination to be used against him by his brother, who is on inimical terms with him. The Trial Court on an appreciation of the evidence convicted the accused in that case and sentenced him to undergo imprisonment till the rising of the court and to a fine of Rs. 250/- and in default to undergo imprisonment for one month by judgment dated 24/09/1980. In the judgment occur the following observations in Para.8:

(2.) The learned counsel for the petitioner took me through the evidence in the case and also the statement of the accused under S.313, CrPC to satisfy me that the observations Wire not on the basis of either the evidence or the statement of the accused.

(3.) On a consideration of the materials placed before me I am satisfied that the first observation marked 'A' is not justified on the evidence or any other material in the case and should not have found a place in the judgment, especially because the evidence disclosed bitter animosity between two brothers and an attempt by one to discredit the other by all means possible. I, therefore, direct expunction of the observations marked 'A' in the petition on the ground that it is not necessary for the disposal of the case.