IN RE B. ARJUNAPPA AND ANOTHER Vs. STATE

JUDGEMENT

(1.) In P. R. C. No. 10 Of 1961, There Was An Enquiry By The Judicial Second Class Magistrate, Alur Against The Sole Accused, B. Parameswarappa For An Offence Under Section 302 Indian Penal Code. In That Enquiry The Prosecution Examined Two Witnesses Namely, Boya Arjunappa And Chinna Thimmappa Of Moragavalli, Those Two Persons Denied All Knowledge Of The Occurrence And The Commission Of The Offence. But, Each Of Them Had Given A Statement Earlier Under Section 164 Criminal Procedure Code. Namely, Ex. P. 1 By Arjunappa And Ex. P. 2 By Thimmappa Before The Judicial Second Class Magistrate, Adoni, To The Effect That He Had Seen The Commission Of The Offence By The Accused A. P. P. 1 Filed A Petition Before The J. S. C. M. Alur under Section 479-A Criminal Procedure Code requesting the Court to order prosecution of the two witnesses for perjury in the final order disposing of the case. The learned Magistrate passed an order dated 16-1-1962 discharging the accused on the ground that there is no evidence against him. In that order, the learned Magistrate also mentioned as follows:-

(2.) Accordingly, the learned Magistrate gave an opportunity to the witnesses to appear before him on 31-1-1962. The two witnesses appeared before the learned Magistrate and made a statement giving the explanation that on account of torture and threats by the Police, they had given the earlier statements under Section 164 Criminal Procedure Code (Ex. P.1 and Ex. P.2) before the J. S. C. M. Adoni falsely. After considering the said explanation, the J. S. C. M. Alur passed an order dated 31-1-1962 that a complaint be filed before the Judicial First Class Magistrate, Adoni for an offence under Section 193 Indian Penal Code.

(3.) In pursuance of that order dated 31-1-1962, a complaint was filed by the J. S. C. M. Alur against the two witnesses before the J. F.C. M. Adoni for the said offence under Section 193 Indian Penal Code. In that complaint, it is mentioned as follows:-