MOHAMMAD KHUDABAX Vs. KING EMPEROR

JUDGEMENT

(1.) This is a revision petition filed by Mohammad Khudabax who has been convicted of an offence under Section 198, Indian Penal Code and sentenced to four months rigorous imprisonment and a fine of Rs. 100 (one hundred rupees) only Cr in default simple imprisonment for one month. This conviction and sentence have been upheld by the learned First Additional Sessions Judge, Nagpur.

(2.) The following was the charge against the applicant Mohammad Khudabax: That you on or about the 21 day of November 1942 at Nagpur in the course of the trial of Civil Suit No. 46B of 1941 before Mr. S. N, Mishra, 2nd Sub-Judge, 2nd Class, Nagpur, stated in evidence I did not ask Chunnilul to return the amount till the day on which I actually sent the notice; I am sure of this which statement you either knew Cr believed to be false Cr did not believe to be true, and thereby committed an offence punishable under Section 193 of the Indian Penal Code, etc.

(3.) The charge thus was under Section 193 read with Section 191, Indian Penal Code of giving false evidence and not one under Section 198 read with Section 192, ibid of fabricating false evidence.