THE STATE Vs. SADASIBA NAIK

JUDGEMENT

(1.) THIS is an appeal by the State against the order of acquittal of the Respondent -accused who was tried by Sri S.C. Mohanty, Magistrate, 1st Class, Nowrangpur, on a charge of perjury punishable under Section 193 I.P.C.

(2.) THE prosecution was launched by the Additional Sessions Judge, Jeypore under Section 476 Code of Criminal Procedure It is clearly alleged in the complaint that Sadasiba Naik, the accused was examined as P.W. 15 in the Court of the Additional Sessions Judge, Jeypore in Sessions Case No. 38 of 1952 against Jagabandhu Domb and another under Section 302 I.P.C. that he was also examined in the preliminary enquiry by the committing Magistrate as P.W. 13 and that in the Sessions Court he had categorically denied his statement in the committing Court. The relevant statement in the committing Court as P.W. 13, is

(3.) TWO witnesses were examined for the prosecution, P.W. 1, the Bench Clerk of the S.D.M., Nowrangpur (the committing Magistrate) who filed Ext. 1 - the deposition of the accused recorded by the S.D.M. stated that it was read over and explained to the accused who admitted it to be correct, and proved the signature of the S.D.M. as also the signature of the accused in the deposition. P.W. 2 is the Bench Clerk of the Additional Sessions Judge, Jeypore. He stated that the accused was the .witness No. 15 in Sessions Case No. 38 of 1952 and filed Ext. 2 the deposition of the accused recorded by the Additional Sessions Judge and proved Ext. 2(1), the signature of the Additional Sessions Judge and Ext. 2(2), the signature of the accused in the deposition. He also stated that the accused signed after the deposition was read over and explained to him. He also proved the complaint made by the Additional Sessions Judge against the accused under Section 193 I.P.C. for deliberately retracting from his statements made in the committal Comet and filed the copy of the judgment of the Sessions Court which is Ext. 4.