MANIKS DHODIBA KANDRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I propose to dispose of these four appeals by a common judgment as they arise out of the same Sessions trial giving rise to a further off-shoot of trying four prosecution witnesses for the offence of perjury, an offence punish- able under section 193 of the Indian Penal Code.

(2.) The learned Sessions Judge Nasik, tried Sessions Case No. 80 of 1974 against Kisan Gangaram for the murder of one Jayatu Raghu on 20-9-1973 at 3.30 p.m. These four appellants figured as prosecution witnesses in the said Sessions case, but they turned hostile. The statements of these witnesses were recorded by sub-Divisional Magistrate under section 164 of the Cri.P.C. The learned Magistrate was summoned during the course of the trial of the Sessions case and these unrepresented witnesses were asked by the learned Sessions Judge to cross-examine him then and there.

(3.) The Sessions trial then proceeded and ended into an acquittal so far as the principal offender Kisan Gangaram was concerned. In the said judgment the learned Session Judge observed that these witnesses had perverted the truth and proceeded to try them summarily under section 340 of the new Code of Criminal Procedure.