COURT ON ITS OWN MOTION Vs. BAKSHI RAM

JUDGEMENT

(1.) Respondent Bakshi Ram (PW-6) is one of the witnesses in Sessions Trial No.51 of 2010 having arisen out of FIR No.143/10, registered in Police Station, Balh, District Mandi, H.P. against one Arun Kumar on 26.4.2010, under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Accused Arun Kumar was convicted by learned Special Judge, Mandi, District Mandi vide judgment dated 17.4.2015. In Criminal Appeal No.181 of 2015, preferred by the accused-convict, though the findings of conviction recorded against him was affirmed by us, however, he was sentenced to the imprisonment, he had already undergone and the fine was also reduced to Rs. 10,000/- from Rs. 1,00,000/- vide judgment dated 21.10.2016. At the same time, we also formed an opinion that the respondent herein has deposed falsely while in the witness-box as PW-6 to the reasons best known to him. He, as such, prima facie, was found to have committed an offence within the meaning of Section 193 of the Indian Penal Code. We also deemed it appropriate to make a complaint in writing to the Magistrate having jurisdiction over the matter, in terms of the provisions contained under Section 340 of the Code of Criminal Procedure against the respondent, after holding preliminary inquiry in the matter and affording an opportunity of being heard to him. We have dealt with this aspect of the matter in our judgment passed in the main appeal as under:

(3.) Consequent upon the above directions, notice to show cause was issued to the respondent herein. In response thereto he filed reply. The relevant portion whereof reads as follows: