SHRIRAM MUNJAJI RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 29.6.2007, rendered by the learned Sessions Judge, Parbhani, in Criminal Miscellaneous Application No. 18 of 2007, thereby punishing the Appellant under Section 344 of the Code of Criminal Procedure, for giving false evidence in Sessions Trial No. 8 of 2006, and sentencing him to suffer rigorous imprisonment for three months and to pay fine of Rs. 500/, in default, rigorous imprisonment for seven days.

(2.) The factual matrix, which gave rise for the present appeal, can be summarized as under:Pursuant to the complaint lodged by the first informant, namely Shrirang Munjaji Raut on 14.11.2005, due to death of Meerabai i.e. daughter of the complainant, criminal law was set into motion and the first information report Exh. 20 was lodged bearing C.R. No. 178 of 2005 in respect of offence punishable under Section 306 r/w Section 34 of the Indian Penal Code and the accused persons there under were tried in Sessions Trial No. 8 of 2006 by the learned Sessions Judge, Parbhani, and the said accused persons were acquitted for the offence punishable under Sections 498A, 306 r/w 34 of the Indian Penal Code.

(3.) However, the show cause notice came to be issued to Shrirang Munjaji Raut, who was Prosecution Witness No. 2, under Section 344 of the Code of Criminal Procedure for giving false evidence before the court, by the said learned Sessions Judge, Parbhani, by the judgment and the order, dated 13.4.2007, since learned Sessions Judge, Parbhani, arrived at the conclusion that the said first informant, namely Shrirang Raut deposed falsely before the said court in Sessions Trial No. 8 of 2006, and therefore, the learned 3 cra266.07 Sessions Judge observed that in order to have faith of public in judicial process, it is necessary to take action against him.