SAJJAN Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Sajjan Singh stands convicted for offence punishable under sections 182 and 201 IPC and sentenced to imprisonment till rising of the Court with fine of Rs. 3,000.00 in default whereof to undergo further simple imprisonment for three months by the impugned judgment and order dated 6.11.2000 passed by Addl. Sessions Judge, Ashta, in Sessions Trial No. 91/2000.

(2.) THE prosecution case, in brief, is that one Gajraj Singh, brother of the appellant, was tried for committing the murder of his brother Kumar Singh in Sessions Trial No. 153/92 before the Addl. Sessions Judge, Sehore. In that case first information report (Ex. P-3) was lodged by appellant at police station Siddique Ganj. On the basis of the report, a crime was registered at police station Siddique Ganj against Gajraj Singh. Challan was filed and the case was committed to the Court of Sessions. During the trial statements of witnesses were recorded. The trial Court after conclusion of the trial, while acquitting Gajraj in S.T. No. 153/92, found that appellant has made a false report to the police station Siddique ganj, and therefore, he should be prosecuted for the offence punishable under sections 182 and 211 of the IPC.

(3.) RAMESH Mishra (PW 1) Reader in the Court of Shri Satish Chandra Dubey, Addl. Sessions Judge, Sehore who filed the aforesaid complaint has stated that complaint (Ex. P-1) was filed by Shri Satish Chandra Dubey, Addl. Sessnions Judge, Sehore. The appellant admitted before the learned Addl. Sessions Judge that Ex. P-2 is the copy of the statement made by him in Sessions Trial No. 153/92. He also admitted that Ex. P-3 is the copy of the FIR lodged by him. In his statement recorded under section 313 CrPC appellant did not dispute that Ex. P-2 is the copy of the report made by him. He has further admitted that he made statement vide Ex. P-4 in the sessions trial.