RAJENDRA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant is an unfortunate father who lost his married daughter, who died an unnatural death within four years of her marriage. A case under Section 304-B IPC was registered against the husband of his daughter and other members of his family on the complaint of the appellant. In that case, the accused persons being in-laws of the daughter of the appellant were acquitted by the trial Court vide judgment dated 26.09.2001 in Sessions Trial case No. 229/2000. While acquitting the accused persons, the trial Court ordered for registration of a criminal case against the appellant under Sections 193, 194 & 195 IPC for giving false evidence to procure conviction of the accused persons in a case registered against them under Section 304-B IPC. The appellant on being tried for the offence under Sections 193, 194 & 195 IPC has been convicted by the Sessions Court for the offence under Section 195 IPC vide impugned judgment dated 01.05.2003 in Sessions Trial case No. 180/2002. Aggrieved from his conviction, the appellant has filed this appeal seeking setting aside of his conviction.

(2.) Heard learned counsel for both the parties for final disposal of this appeal.

(3.) Mr. V.K. Saxena, learned senior counsel appearing on behalf of the appellant has argued that the appellant initially supported the case of the prosecution on 22.02.2001 as advised to him by the police/investigating officer, but later on, when his conscience did not permit him to get the accused persons falsely convicted, gave evidence whatever according to him was the truth and this he did when he was cross-examined on 11.04.2001. Learned counsel further argued that even the trial Court in its judgment was not sure whether the false evidence given by the appellant was to procure conviction of the accused persons or to secure their acquittal. It is submitted that the appellant could not have been convicted by the trial Court for offence under Section 195 IPC since there was no intention on his part to procure conviction of the accused persons for offence under Section 304-B IPC.