GUNDAVARAPU SESHAMMA Vs. STATE

JUDGEMENT

(1.) .The Sessions Judge, West Godavari, has made this Reference recommending that the conviction and sentence passed on the sole accused, Gundavarapu Seshamma in C.C. No. 43 of 1960 on the file of the Additional Munsif-Magistrate, Eluru, be set aside, that the accused be acquitted of the offence under section 193, Indian Penal Code, and that the amount of fine of Rs. 25 be refunded to her. The relevant facts are as follows :- In S.C. No. 11 of 1960, the Sessions Judge, West Godavari, framed two charges against Valmikula Anjaneyulu, one under section 302, Indian Penal Code, and another under section 309, Indian Penal Code. The prosecution examined, among other witnesses, Seshamma, the sister of the accused, as P.W. 4. She was declared as hostile since, in her deposition in Court, she gave a version which was contradictory to her statement recorded earlier under section 164, Criminal Procedure Code, in material particulars. The Sessions Judge passed judgment on 22nd April, 1960 convicting and sentencing the accused on both the charges. In his judgment, he gave a finding and a direction (hereafter referred to for convenience as an order) that it was a fit case in which Seshamma (P.W. 4) should be prosecuted under section 193, Indian Penal Code, for giving false evidence. In pursuance of this order, a complaint was laid promptly before the Additional District Munsif-Magistrate, Eluru, against Seshamma as the accused. The learned Magistrate took the case (hereafter referred to as a resultant case) on file in C.C. No. 43 of 1960, started trial on 7th May, 1960 and questioned Seshamma (P.W. 4), the accused in that case. The latter admitted the offence and pleaded guilty to the charge.

(2.) The learned Magistrate passed orders on 7th May, 1960 finding Seshamma guilty of the offence under section 193, Indian Penal Code, and sentencing her to imprisonment till the rising of the Court and to pay a fine of Rs. 25 and in default to suffer rigorous impr isonment for one month. By that time, no appeal had been filed by the accused in S.C. No. 11 of 1960 against his convictions and sentences. The learned Sessions Judge has stated in his order of reference that Seshamma (P.W. 4) has paid the fine and that she did not prefer any appeal against her conviction and sentence. Subsequently, on 25th May, 1960, the accused in S.C. No. 11 of 1960 (hereafter referred to as the main case) filed an appeal, C.A. No. 320 of 1960 to this Court questioning the convictions and sentences under section 302, Indian Penal Code, and section 309, Indian Penal Code. This appeal was ultimately disposed of by a Division Bench of this Court consisting of Jaganmohan Reddy, J., and Chandra- sekhara Sastri, J., on 28th November, 1961. In that judgment, the learned Judges confirmed the conviction and sentence under section 302, Indian Penal Code, but set aside the conviction and sentence under section 309, Indian Penal Code. The learned Judges also considered the propriety of the order sanctioning the prosecution of Seshamma and observed as follows :- " In the circumstances, we do not consider it expedient to uphold the order of the Sessions Judge directing the prosecution of P.W. 4 under section 193, Indian Penal Code. We accordingly set it aside."

(3.) In view of the above finding by the learned Judges, the Sessions Judge has made this Reference in which he has stated as follows ;- " In view of the order of the High Court in Crl. A. No. 302 of 1960, the complaint filed by the Sessions Court should be deemed to have been withdrawn, but since the case has already been decided and the accused Seshamma pleaded guilty, it is not possible for the trial Court or to the Sessions Court to set aside the conviction and sentence." The learned Sessions Judge has also stated that in view of the orders of this Court in Crl. A. No. 302 of 1960 that the prosecution of Seshamma was not expedient, consequential orders will have to be passed acquitting Seshamma of the offence under section 193, Indian Penal Code.