RAMESHWAR GANGADIN Vs. STATE

JUDGEMENT

(1.) THESE are applications in revision by the witnesses against whom, it has been ordered, by the Sessions Judge, under Sec. 479 -A Cri. Pro. Code, after hearing their cause, that complaints should be filed in respect of certain statements by them in Sessions Court and in the Committing Court, both of which could not be true, and one of which was necessarily false, and that within the knowledge of the deponent.

(2.) THESE arise out of Sessions Case 35 of 1959 of Indore District. The learned Sessions Judge has referred to passages in their evidence before the committing court and before the Sessions Court itself, and has described them as "blatantly contradictory". These very passages will form part of the respective complaints. In effect, they stated in the Court of commitment that they saw one of the accused persons at the scene of the murder with a weapon in his hand, and that he asked them not to come near as they were paying off old scores.

(3.) BESIDES urging that on the facts, it is not expedient in the interest of justice that these two witnesses should be prosecuted under section 193 for the offence of giving false evidence, and that one of them Rameshwar is aged 15, certain points of law have been raised. I note that similar as is the case against either of the witnesses there is one difference. The applicant Rameshwar is a boy of about 15 years. The learned Sessions Judge has not in his order considered the effect of this fact His application (No. 53/60) is admitted only on that ground; otherwise the reasoning in this judgment will apply equally to the applications.