BINDA PUNNU Vs. STATE

JUDGEMENT

(1.) THE facts giving rise to this revision are briefly as under: Kishan Lal was tried by a first class Magistrate, Shri G. S. Kalra, at Ferozepore, for an offence under section 411 of the Penal Code It was alleged by the prosecution in that case that some ornaments were recovered from Kishan Lal on receipt of some information. Binda, petitioner, was a witness to the disclosure statement made by Kishan Lal and also for the recovery of the ornaments. He was not examined by the prosecution as a witness against Kishan Lal. He, however, was examined by kishan Lal as a defence witness on 5th June, 1964, wherein he stated that Kishan lal had made no disclosure statement and no recovery of any incriminating article had been effected from his house. He also admitted certain facts in favour of kishan Lal. Kishan Lal, however, was convicted. He filed an appeal in the Court of session and the case was ordered to be retried. Binda again was examined in defence by Kishan Lal on 24th July, 1964, wherein he stuck to his previous statement. He was, on that occasion, confronted with some admissions which he had made in favour of the prosecution in his previous statement. He made some other admissions contradicting his previous statement as a result of which Shri G. S. Kalra on 24th July, 1964, lodged a complaint, Exhibit PC, against Binda, the allegation being that one of his statements mentioned above was false. Binda was convicted by Shri Harbhajan Singh, Judicial Magistrate, Ferozepore, under Section 193 of the Penal Code and was sentenced to rigorous imprisonment for two months and a fine of Rs. 50/ -. In default of payment of fine, he was to undergo rigorous imprisonment for further two months. He took up an appeal in the Court of Session which was dismissed by Shri C. S. Tiwana, Additional Sessions Judge, vide his order dated 15th April, 1965. It is against this order that Binda has preferred this revision petition in this Court.

(2.) THE learned counsel for Binda has drawn my attention to Section 479-A of the criminal Procedure Code the relevant portion of which runs as under :-

(3.) FOR the reasons given above, I allow this petition and set aside the conviction and sentence of the petitioner. Fine, if realised, shall be refunded to him.