VEERPAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal challenges the order dated 20.04.2013 passed by R. A. Kaushik, Sessions Judge, Mathura in Criminal Misc. Case No. 79 of 2012, State vs. Veerpal, under section 344 Cr.P.C. police station Sadar Bazar, District Mathura, whereby the appellant has been found guilty for giving false evidence in S.T. No. 20/2012, State vs. Kishan Pal @ Kishan Lal, under section 302 IPC, P.S. Mant, Mathura and sentenced to undergo imprisonment for one month.

(2.) Facts germane to the instant appeal are that appellant submitted a written report regarding murder of his wife against his son Kishan Pal @ Kishan Lal by voluntarily causing her death with fire arm on 05.08.2011, on the basis whereof case crime no. 91/2011 was registered. The investigation culminated in charge sheet against accused Kishan Pal @ Kishan Lal. After committal of the case during trial the prosecution examined the appellant as PW-1 and four other witnesses of fact. It was mentioned in the written report of the appellant that his cousins Bankey Lal PW-2 and Jawala PW-3 have told him that shot was fired from country made pistol of Kishan Lal. The appellant and other witnesses of fact did not support the prosecution story and they were declared hostile by the prosecution. The learned Sessions Judge vide judgment dated 27.07.2012 acquitting accused Kishan Pal @ Kishan Lal has observed that appellant being the complainant of the case has fabricated evidence or given false evidence in the case in order to seek acquittal of his son. It was further directed that proceeding under section 344 Cr.P.C. be initiated against the appellant. Consequently, notice under section 344 Cr.P.C. was issued against the appellant and in reply he contended that on 05.08.2011 in his absence his wife died and on getting information he returned back home. He lodged the report as stated to him by the villagers because on account of death of his wife his mental condition was not good. He further stated that after inquiring into the facts of the incident he had deposed true facts before the court. He neither fabricated false evidence nor falsely deposed before the court. Accused Kishan Pal @ Kishan Lal is his elder son so naturally he would not fabricate false evidence against him. Since he was mentally disturbed so on the basis of the information conveyed to him he lodged the report and prayed for termination of the proceedings against him.

(3.) Learned trial Judge after hearing the parties counsel through impugned order held that the appellant has given false evidence or fabricated false evidence so he is liable to be convicted under section 344 Cr.P.C., accordingly, sentence of one month was imposed on him. Aggrieved the appellant has come up in appeal.