R. P. DHOLAKIA, J. This appeal arises out of the judgment and order dated 16th February, 1999 passed by the learned Add!. Sessions Judge, Kheda at Nadiad, in Order below Exh. 45-A, whereby the appellant, Prosecution Witness No.2 in Sessions Case No. 142 of 1998, was convicted for the offence punishableunder Sec. 344 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C.") and sentenced to undergo simple imprisonment for a period of 3 months with fine of Rs. 500/-; and in default of payment of fine, simple imprisonment for a further period of 15 days. A copy of the said judgment and order was also directed to be sent to the Medical Council of India with a proposal to take necessary action against the appellant and to inform about the action so taken to the Court within a period of three months thereafter.

2. Before we proceed with the facts of the case, we would like to narrate a brief history as to under what circumstances, the Court below has passed the impugned judgment and order dated 16-2-1999. The appellant herein was examined as P.W. 2 at Exh. 13 in Sessions Case No. 142 of 1999 before the District & Sessions Court, Kheda at Nadiad. In the said Sessions Case, the pro

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