AMBATI VENKATESWARLU Vs. STATE OF A.P.

JUDGEMENT

(1.) The Revision has been preferred under Ss. 397 and 401 of Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C') against the judgment dtd. 18/6/2009 in Crl.A.No.18 of 2009 on the file of the I Additional District & Sessions Judge, Ongole, confirming the conviction and sentence passed by the learned Special Judicial First Class Magistrate, Excise Court, Ongole vide judgment in C.C.No.53 of 2007 dtd. 27/1/2009 against the petitioners/A2 to A5.

(2.) A1 Ambati Chinnammai was died and the case against her was abated before the learned Trial Court.

(3.) As the petitioners and A1 had not supported the case of the prosecution in S.C.No.79 of 2004 on the file of Principal Assistant Sessions Judge, Ongole, the learned Principal Assistant Sessions Judge, while convicting the accused therein ordered for prosecution of the petitioners for resorting to perjury as contemplated under Sec. 193 of the Indian Penal Code, 1860, (for short 'the I.P.C'). Ironically, the learned Principal Assistant Sessions Judge, Ongole instead of adopting procedure contemplated under Sec.195 of 'the Cr.P.C.,' he himself gave a direction to the Station House Officer, Santhanuthalapadu to register a case for the offence under Sec. 193 of 'the I.P.C.,' vide Ex.P1. Based on the direction of the learned Principal Assistant Sessions Judge, Ongole the Station House Officer, Santhanuthalapadu registered the copy of the judgment in S.C.No.79 of 2004 as a case in Crime No.79 of 2005 for the offence punishable under Sec. 193 of 'the I.P.C'. The learned Trial Court after due trial found the petitioners guilty for the offence under Sec. 193 of 'the IPC' and passed the sentence. The learned Appellate Court also, as observed supra, confirmed the judgment.