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1935 Supreme(Cal) 98

LORT-WILLIAMS, LORD-WILLIAMS, JACK
Superintendent and Remembrancer of Legal Affairs Bengal – Appellant
Versus
Tarak Nath Chatterjee – Respondent


JUDGMENT

Lort-Williams, J. - This is an appeal against a decision of the learned Sessions Judge at Burdwan, setting aside a conviction and sentence passed by a Magistrate, 1st Class, Burdwan, u/s 193, I.P.C. The learned Judge acquitted the accused on a point of law, and did not deal with the merits of the case against the accused. The story, shortly stated, is that on the evening of 16th March 1933, the attention of the villagers was attracted by sounds coming from the village Post Office. On going there, they found that the Post Master was lying gagged and bound and apparently in a semi-conscious state. A sum of approximately Rs. 1060 was found missing, and, the Post Master complained of having been seized and bound by robbers. The Police came to the conclusion that the story was false, and that the Post Master had set up a bogus story to cover his own defalcations. He was sent up for trial u/s 193, I.P.C. for fabricating false evidence in order to create an impression of robbery. The learned Judge held that S, 193 is not intended to be applicable to an act done by an offender to screen himself from punishment, and is only applicable to an act done by the offender for the purpose o

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