VITTAPPAN Vs. STATE

JUDGEMENT

(1.) Pw.1 in Sessions Case No. 72 of 1986 on the file of the Additional Sessions Judge, Parur is the appellant. In that case the accused was convicted and sentenced for murder by judgment dated 22-1-1987. Appellant was also the first informant in that case and Ext. P1 is the first information statement given by him and recorded by pw. 14 in the Sessions Case. The prosecutor filed Crl. MP 7 of 1987 before the Additional Sessions Judge under S.340 of the Code of Criminal Procedure (here-in-after referred to as 'the Code') to prosecute the appellant for giving false evidence. By order dated 2-2-1987 the Additional Sessions Judge allowed that petition and ordered the appellant to be prosecuted for having committed an offence as defined under S.191 and made punishable under. S.193 of the Indian Penal Code. Accordingly the Additional Sessions Judge filed a complaint and the Judicial First Class Magistrate, Parur took cognizance for an offence punishable under S.193 IPC. The appeal is directed against that order.

(2.) S.191 of the Indian Penal Code reads:

(3.) Accused in the Sessions Case is a close relation of the appellant and the charge against the accused was that he murdered his child aged 15 months by throwing it in water. Appellant was not an occurrence witness though he gave Ext. P1 first information. In the first information statement he expressed a suspicion that the accused might have committed the offence. But in the box he disowned having given such a version in Ext. P1. In his evidence as pw. 1 there were some other variations also from Ext. P1. The Sessions Judge has not come to any conclusion that any particular portion of the evidence given as pw. 1 was false or that pw. 1 either knew or believed it to be false or did not believe it to be true. In the opinion of the Sessions Judge: