JUDGMENT

Pushpa V. Ganediwala, J. - The challenge in this appeal under Section 351 of the Code of Criminal Procedure (hereinafter to be referred as the "Code") is to the judgment dated 30/06/2008 in Misc. Criminal Application No. 135/2008 arose out of the Sessions Trial No. 34/2007 (State Vs. Santosh) by the Adhoc Additional Sessions Judge, Pusad, whereby the appellant was tried summarily and convicted for the offence of 'perjury' under Section 344 of the Code, and is sentenced to suffer simple imprisonment for three months and to pay fine of Rs.200/- (rupees two hundred only), in default of payment of fine, to suffer simple imprisonment for 15 days.

2. Brief facts leading to the present appeal are as under :

i. On 08/03/2007, the appellant lodged a report at the Police Station, Pusad, stating therein that the accused, i.e., his brother, committed murder of deceased Kiran (sister in law of the accused and the appellant) with an 'axe'. Crime No. 58/2007 came to be registered against the accused, and after investigation, the charge sheet came to be filed, and the case was committed to the Sessions Court, Pusad. It was tried as Sessions Trial No. 34/2007, which resulted into acquittal o