(1.) In this case, two appellants are before us: Jaffarul Hossain and Abdul Majid. They have each boon convicted under Section 193, I. P. C, of the offence of perjury and sentenced to rigorous imprisonment for a term of three years.
(2.) It appears that being a party to certain rent suits, one Gagan put in evidence certain documents. These documents included four kabuliyats and they also included some talabbakis, rent-receipts and counterfoils of rent-receipts (checkmuris). The kabuliyats purported to have been executed by certain persons in 1316 B.S. The other documents wore said to have come into existence in connexion with the tenancies on dates subsequent to that year. The prosecution case as against the two appellants was that Jaffarul Hossain in giving evidence said: "It is not true that those kabuliyats are forged documents" and Abdul Majid said: As regards the kabuliyats ... I wrote and attested them on their respective dates. It is not true that these kabuliyats have been forged afterwards.
(3.) It will be seen, therefore that as against these two appellants the case of perjury was confined to their evidence about the kabuliyats.