KALLOO AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition in the form of appeal under section 341 of the Cr.P.C. has been filed against the grievances arising out of the direction given by the First Additional Sessions Judge, Khandwa, in Sessions Trial No.207/2004 by judgment dated 31.3.2006 with regard to filing of complaint against the appellants for commission of offence under section 195 of the I.P.C.

(2.) Facts giving rise to the present case, briefly stated, are that in the aforesaid sessions trial accused persons were charged under sections 148, 302/149, 307/149, 323/149 and the appellants were witnesses to the incident. On 29.6.2005 these witnesses were examined before the Sessions Trial and they supported the prosecution case. Later on, on 13.12.2005 the appellants filed affidavits before the trial court to the effect that earlier on 29.6.2005 they gave statements under the pressure of the police and influential persons of the society and did not disclose correct things. Therefore, they were again examined under section 311 of the Cr.P.C. and they gave versions different from the version given earlier. Their statements were against the prosecution and in favour of the accused persons.

(3.) The learned Sessions Judge by the impugned judgment holding that the statements given earlier by the appellants were truthful and later on the statements given on 13.12.2015 are fabricated or false, convicted the accused persons Raju and Chhotu and simultaneously in paragraph 46 of the judgment directed to file complaint under section 195 of the Cr.P.C. for giving false evidence in the criminal trial and later on complaint, annexure A/3, was filed before the C.J.M. The accused persons also challenged their conviction under section 304 Part I of the I.P.C. by filing appeal before the High Court as Cr.A.No.724/2006. Vide judgment dated 12.8.2008 conviction of the accused persons was upheld for the offence under section 304 Part I I.P.C. and the sentence was reduced to the period already undergone. However, this appeal filed by the present appellants is still pending.