KANJI Vs. STATE

JUDGEMENT

(1.) THIS application in revision has been made by Kanji, who has been convicted by the Sub-Divisional Magistrate, Jhalwar, under Section 193, I. P. C. , and sentenced to one year's rigorous imprisonment and a fine of Rs. 250/-, and in default of payment of fine to undergo three months' rigorous imprisonment.

(2.) THE prosecution case against him is that there was a murder of Mst. Bhonri and her mother Mst. Rami on the night between the 22nd and 23rd of March, 1949. Bhonri was the wife of one Bherun Lal of village Karodia in Jhalawar District. A police report was made at the police station Himmat Garh by Bherunlal alleging that one Irphan of village Karodia had murdered both the women. This report was made on 23-3-1949. Irphan who had been seized by Bherunlal's party was produced before the police at the time of the making of the report. ' Three days later, that is, on 26-3-1949, Bherunlal himself was arrested on the information of one Asaram Patel of village Karodia in connection with the same murder. THE police was not satisfied that Irphan was the murderer, and, therefore, he was not challaned. A challan was, however, laid in the Court of Munsif Magistrate, First Class, Pirawa, against Bherunlal under Section 302, I. P. C. , and the Magistrate committed him to take his trial before the Sessions Judge, Jhalwar. THE Sessions Judge, Jhalawar, acquitted Bherunlal but at the same time made a complaint against Kanji, the accused in the present case, for perjury under Section 193, I. P. C. on the ground that as a prosecution witness he had made certain statements which he knew to be false. THE complaint was made in the Court of Sub-Divisional Magistrate, Jhalawar. THE accused denied the charge. He was confronted with certain portions of his statements in the Committing Magistrate's Court and the Sessions Court in the murder case against Bherunlal, and he admitted that he had made those statements. He was asked whether his statement in the Committing Magistrate's Court that he had not seen a sword in the hand of Irphan Khan when he was coming out of the witness' house, and that he saw a sword in Irphan's hand when the witness saw him at Bherunlal's house was correct or whether his statement before the Sessions Court that he had seen a sword in the hand of Irphan Khan at the time of his coming out of the witness' house was correct. To this the accused replied that his statement before the Sessions Court that he had seen a sword in the hand of Irphan Khan when he was coming out of the witness' house was correct, and the statement in the Committing Magistrate's Court that he did not see a sword in Irphan's hand at that time on account of darkness was made out of confusion, and was not correct. He was also confronted with his long statement made in the Sessions Court on 6-9-1949, in which at one place he had stated that he had told Bherunlal that Irphan Khan was the murderer of Mst. Rami and Bhonri, without seeing the dead bodies, on suspicion, when he saw Irphan Khan coming out from his (Kanji's) house, whereas in another portion he said that he told this thing to Bherunlal after he had seen the dead bodies of Mst. Bhonri & Rami. To this long statement, the accused replied that the statement was correct. THE learned Magistrate found that the accused had knowingly made a false statement in the two courts, & convicted & sentenced him as above. On appeal, the learned Additional Sessions Judge, Jhalawar, has. upheld his conviction and sentence, and dismissed the appeal. Kanji has come in revision to this Court.