K.K.KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Can prosecution for perjury be maintained against a public servant under Sec. 340 r/w 195 of Cr. P.C unless prior sanction under Sec. 197 of Cr.P.C is obtained? - this is the interesting question that falls for consideration in this criminal appeal filed under Sec. 341 of Cr.P.C.

(2.) The appellant was the 10th accused in SC No.867/2012 on the file of the Court of Session, Special Additional Sessions Judge (Marad Cases), Kozhikode (for short, "the trial court"). The appellant, along with fifty-one others, was tried for the offences punishable under Ss. 143, 147, 148, 302 r/w 149, 465, 471, 118, 201, 212, 120B, 109 of IPC and Ss. 3 and 5 of the Explosive Substances Act, 1908. The 2nd respondent was one of the investigating officers, and the 4th respondent was a police officer who was a member of the investigating team of the above case. The 3rd respondent was an attestor to Ext.P61 mahazar marked in the above case.

(3.) The prosecution allegation, in brief, in SC No.867/2012, is that pursuant to a criminal conspiracy hatched by A8 to A14, with the assistance of A1, A3, A5, A7, A15 to A18, A20 to A25, and A27 to A30, at about 22.10 hours, on 4/5/2012, A1 to A7 came in an Innova car bearing a false registration number driven by A1 and rammed the car into the motorbike driven by Sri.T.P.Chandrasekharan, who was a leader of the Revolutionary Marxist Party. After causing the latter to be thrown on the road, they hacked him to death on the public road at a place called Vallikkad by striking him with swords. A3 also used a country bomb to cause an explosion that would prevent witnesses from approaching the scene of the crime, A1 to A7 then fled the scene of the crime and were assisted by other accused who either harboured them or destroyed valuable evidence that pointed to them.