Judgement

RAMASWAMI, J. : The 2nd petitioner Kuppuswami lodged a complaint with Yercaud Police on October 12, 1963, alleging that the respondent, Mr. M. S. P. Rajesh and other persons had formed an unlawful assembly and committed offences of house trespass, mischief and causing hurt at 10 p.m. on October 11, 1963. The complaint was the subject-matter of investigation by the police who did not present a charge-sheet against respondent. M. S. P. Rajesh but filed a charge-sheet against 4 other persons under Ss. 323, 325 and 448, Indian Penal Code in C. C. No. 3097/1963 in the Court of Sub-Magistrate 3 Salem. The case was tried by the Sub-Magistrate who ultimately acquitted all the accused by his judgment, dated December 13, 1963. In the course of evidence at that trial the 1st petitioner was examined as P. W. 1 and 2nd petitioner as P. W. 2 and it is alleged by the respondent that the petitioner gave false evidence to the effect that the respondent was also among the trespassers and assailants and that he was armed with a gun which another accused took from him. After the conclusion of the trial the respondent filed a petition in the Court of the Magistrate under S. 476 (1), Criminal P