RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The deposition given by the petitioner in a case tried by the Sessions Court has landed him as an accused for the offence of perjury. Pursuant to the order of the Sessions Court finding grounds to proceed against the petitioner under Sec. 340 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') a complaint has been forwarded to the Magistrate and registered as C.C. No.8 of 2006 on the files of the Chief Judicial Magistrate's Court, Kollam. Petitioner has invoked the jurisdiction of this Court under Sec. 482 Cr.P.C to quash the said proceedings.

(2.) In a notorious case referred to as 'Kalluvaathukkal liquor tragedy' petitioner was examined as PW71. The case was numbered as S.C. No.214 of 2001 before the 1st Additional Sessions Court, Kollam. When petitioner was examined in court, he deposed contrary to the statement given by him under Sec. 164 Cr.P.C. and therefore he was declared hostile. While deposing in court, he stated that his earlier statement was under threat and coercion from the police. Despite petitioner turning hostile to the persecution case, the main accused were convicted and their conviction was upheld all along including the Supreme Court though the sentences were modified in respect of some of the accused. The decision is reported in Chandran alias Manichan alias Maniyan and Others v. State of Kerala [(2011) 5 SCC 161].

(3.) In the meantime, the learned Sessions Judge had observed in paragraph 365 of the judgment that, petitioner herein had given false evidence and initiated action under Sec. 344 Cr.P.C, by registering a case as M.C. No.8 of 2002 in S.C. No.214 of 2001 on the files of the 1st Additional Sessions Court, Kollam. Later, by an order dtd. 17/11/2005, after a preliminary enquiry the court was of the opinion that there were prima facie grounds for proceeding against the petitioner since he had turned hostile to the prosecution case denying bluntly the statement given by him under Sec. 164 Cr.P.C. On the above basis, the learned Sessions Judge forwarded the findings to the Judicial First Class Magistrate's Court, Kollam under Sec. 344(3) Cr.P.C along with a complaint and the relevant passage of the judgment in the sessions case. The Chief Judicial Magistrate took cognizance of the offence as C.C. No.8 of 2006 and issued process to the petitioner for his appearance.