PUBLIC PROSECUTOR Vs. NAGALINGA REDDY

JUDGEMENT

(1.) This is an appeal by the State Government against the acquittal of the respondent by the First Class Magistrate, Anantapur, of a charge under Section 193, Cr, P. C.

(2.) The order of acquittal is manifestly wrong and has to be set aside. The learned Magistrate has based his judgment of acquittal on two grounds both of which are untenable.

(3.) On his own showing, the respondent had given two contradictory statements on oath, one under Section 164, Cr. P. C., Exhibit P-3, and the other at the preliminary enquiry which is marked as Exhibit P-1. Indeed in the course of his deposition before the committing Court, the respondent had admitted that the statement he had made before the Sub Magistrate under Section 164, Cr. P. C. was false. Thus on his own admission the respondent had made two statements on oath one of which was false. Therefore the District Magistrate of Gooty filed a complaint against the respondent under Section 476, Cr. P. C. for an offence under Section 193 IPC after recording a finding that it was expedient in the interests of justice that the respondent should be prosecuted for an offence under Section 193, I.P.C.