S.B.SINHA, V.S.SIRPURKAR
Johar and others – Appellant
Versus
Mangal Prasad and another – Respondent
Judgment
S.B. Sinha, J. —
1.Leave granted.
2.Appellants were charged for commission of offences under Sections 148 and 302 of the Indian Penal Code and in the alternative under Section 302/149 and Section 120-B of the Indian Penal Code. They were, however, convicted for commission of an offence under Section 323 read with Section 34 of the Indian Penal Code only, recording that as accused Nos. 1 to 4 had only caused simple injuries to the deceased Umashankar, the provisions of Section 148 and 149 of the Indian Penal Code were not attracted.
3.The State did not prefer any appeal thereagainst. The complainant/respondent, however, filed a revision application before the High Court. The High Court went into the evidence adduced on behalf of the prosecution. In regard to the deposition of the official witnesses including Autopsy Surgeon it was commented :-
“10.If a public servant is corruptly (sic) makes a report in a judicial proceeding it will be offences under section 193 IPC and section 196 IPC and preparation of document with an intention to save person from punishment, it will be an offence falling under section 196 IPC. Thus, willful act of the Doctor in not referring to other injurie
Janata Dal vs. HS Chowdhary : (1992) 4 SCC 305 — Referred. (Para 19)
Logendra Nath Jha and others vs. Polailal Biswas [1951 SCR 676] — Relied upon. (Para 12)
K. Chinnaswamy Reddy vs. State of Andhra Pradesh : [1963] 3 SCR 412 — Referred. (Para 19)
Mahendra Pratap Singh vs. Sarju Singh and Anr. [1968] 2 SCR 287 — Referred. (Para 19)
In D. Stephens v. Nosibolla [[1951] S.C.R. 284] — Referred. (Para 19)
Jagmohan Singh Kuldip Singh Anand : (2004) 7 SCC 659 — Referred. (Para 19)
Satyajit Banerjee vs. State of W.B.: (2005) 1 SCC 115 — Referred. (Para 19)
Ram Briksh Singh vs. Ambika Yadav : (2004) 7 SCC 665 — Referred. (Para 19)
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