MAHARANI SANTRA Vs. STATE

JUDGEMENT

(1.) The proceeding being Case No. 78C of 2010 under section 193 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, Howrah has been assailed before me. The facts of the case is that Amta Police Station Case No. 82 of 1998 dated 7th July, 1998 was registered for investigation against the then Pradhan, Basantpur Gram Panchayat on the allegation that on 7th July, 1998 at about 10 A.M. two trolley vans loaded with 12 new tube wells were coming from Basantpur Panchayat Office, when the local people detained the said trolley vans, the van pullers told them that twelve (12) pipes were loaded at the instance of the said Pradhan, namely, Asgar Ali. On such accusation, the Pradhan and one Arup China had been prosecuted under sections 406 /409 /120B of the Indian Penal Code in Special Case No. 8 of 2008.

(2.) In course of the said prosecution, the petitioner No. 1, who was the de facto complainant of the case, was examined as P.W. 1, petitioner Nos. 2 and 3, who are the van pullers, were examined as P.W. 2 and P.W. - 3 respectively and petitioner No. 4, the scribe of the FIR, was examined as C.W. 1. The said witnesses did not support the prosecution case and were declared hostile. The trial ultimately ended in an acquittal. However, in the judgment and order of acquittal dated 16th January, 2010, the learned Trial Judge held as follows with regard to the hostile witnesses:

(3.) In view of the aforesaid findings, the learned Trial Judge came to a conclusion that the said witnesses had perjured themselves by making false statements on oath. On such basis, the learned Trial Judge directed prosecution against them.