PUTTAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal revision has been filed against the order dtd. 27/2/2019 passed by the District and Sessions Judge, Auraiya in Session Trial No.57 of 2019 (State Vs. Puttan Singh @ Sripal) related to Misc. Case No.130 of 2016 under Ss. 193 and 195 of I.P.C., P.S.- Ajeetmal, District Auraiya.

(2.) By the impugned order, the charge under Sec. 193 and 195 I.P.C. was framed against the revisionist.

(3.) As per facts of the case, Additional Sessions Judge, Auraiya passed the judgment and order dtd. 11/8/2016 in S.T. No.113 of 2005 (State Vs. Machlu Dohre and others) arising out of Case Crime No. 95 of 2005, under Ss. 304, 336 I.P.C., P.S. Ajeetmal, District Auraiya whereby the accused persons were convicted under Ss. 304 and 336 I.P.C. and were sentenced accordingly. On 12/8/2016 in the light of above judgment dtd. 11/8/2016 Misc. Case No.130 of 2016 (State Vs. Puttan Singh @ Sripal) under Sec. 340 Cr.P.C. was registered against witness Puttan Singh s/o Hardev Singh and a notice was issued to him mentioning the facts that in his examination-in-chief as P.W.-2 in S.T. No. 113 of 2005 above he had supported the prosecution case, while in the cross- examination recorded after two years of the examination-in-chief, he did not support the prosecution version, thus in the cross-examination he was declared hostile and the State Counsel was permitted to cross-examine him. The court concerned found that the statement of the witness in the examination-in-chief and in the cross-examination was contradictory, so the witness Puttan Singh was ordered to appear in the Court on 16/8/2016 and to reply as to why not a proceeding be started against him for giving contradictory/false evidence.