KARANSINGH Vs. STATE

JUDGEMENT

(1.) JUDGEMENT Khan, J. 1. The accused has been convicted by the Additional District Magistrate, Bhind, under Section 193, I.P.C. for intentionally giving false evidence and sentenced to rigorous imprisonment for one year and a fine of Rs. 100. His appeal against his conviction and sentence having been disallowed by the Sessions Judge, the accused has now filed this revision.

(2.) THE charge against the accused is that, in Criminal Case No. 304 of 1952, before the Committing Court, Gohad, as a prosecution witness he made a certain statement on 25 -3 -1953, and, that later on in the same case during the trial before the Sessions Court (Case No. 13 of 1953), Bhind, on 27 -7 -1953, he made a different statement altogether. Charges under Sections 193 and 194, I.P.C., were framed against the accused. While he was acquitted of an offence under Section 194, I.P.C. he was convicted under Section 193, I.P.C. only.

(3.) THE general rule is that any person can set the law in motion by a complaint to a Magistrate. One of the exceptions to this general rule is that in cases where an offence under Section 195, Sub -section (1), Clause (b) or Clause (c) appears to have been committed in the course of proceedings before any civil, revenue or criminal Court, that Court after an enquiry or otherwise will record a finding to that effect and shall forward a complaint to a Magistrate of. first class to try the case.