S ABDUL JABBAR Vs. STATE

JUDGEMENT

(1.) These revision petitions are preferred against the orders of the Additional Sessions Judge, Kurnool, affirming the orders of the Judicial II Class Magistrate, Nandikotkur, directing the laying of complaints against the petitioners for offences under section 193, Indian Penal Code.

(2.) The facts which give rise to these petitions are as follows :- The Sub-Inspector of Police, Nandikotkur, had filed a charge-sheet against three persons viz., Narayana Chetty, Ramalingam Chetty and their sister Eswaramma under section 364 and section 302 read with section 34, Indian Penal Code alleging that they had abducted one Salu Miah and caused his death on the night of 25th July, 1955 at Vodde Manu. The three petitioners were cited as eye-witnesses to the occurrence. During the investigation the Sub-Magistrate of Kurnool recorded the statements of these petitioners under section 164, Criminal Procedure Code. In those statements the petitioners stated on oath that they had witnessed the attack on Salu Miah by the three accused and gave details of the attack.

(3.) The preliminary enquiry in the case (P. R. C. No. 12 of 1955) was conducted by the Judicial II Class Magistrate, Nandikotkur, at which the three petitioners were examined by the prosecution. They, however, went back on their former statements, denied all knowledge of the incident and alleged that they had made their statements under section 164, Criminal Procedure Code under threat and coercion by the Police and some villagers. At the conclusion of the enquiry the case was committed to the Court of Session. The order of commitment was made on 30th. January, 1956. The case ultimately ended in the acquittal of the accused therein. On gth November, 1956 the Judicial II Class Magistrate, Nandikotkur, who had held the preliminary enquiry in P.R.C. No. 12 of 1955, acting under section 476, Criminal Procedure Code, filed complaints under section 193, Indian Penal Code against the three petitioners before the Judicial I Class Magistrate, Kurnool, after recording a finding that the petitioners had intentionally given false evidence before him at the preliminary enquiry in P.R.C. No. 12 of 1955.