KARANSINGH Vs. STATE

JUDGEMENT

(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.) PROM the record it appears that the Sessions Judge, Bhind, made a complaint against the applicant under Section 476, Criminal P. C. and sent the applicant to the Additional District Magistrate for his being tried for an offence under Section 194, I. P. C. only. The Additional District Magistrate framed two charges against the petitioner. One, under Section 194 I. P. C. for which the complaint had been made by the Sessions Judge and the other, under Section 193, I. P. C. for which no complaint was made. He acquitted the applicant under Section 194, I. P. C. but convicted him under Section 193. J. P. C. In this revision the contention put forward by the learned Counsel for the petitioner is that the accused) having been acquitted under Section 194, I. P. C. an offence for which the complaint was made by the Sessions Judge, the Magistrate was incompetent to convict the accused under Section 193, I. P. C. for which there was no complaint by the Sessions Judge at all. The learned Government Advocate has argued that it does not matter under what section the complaint is made, the trial Court can convict a person under a different section if the facts of the case establish his guilt.