Hon'ble Mr. Justice C. R. Sarma

1. This criminal revision petition, under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter called 'Cr.P.C.'), is directed against the judgment and order, dated 24.06.2002, passed by the learned Addl. Sessions Judge, Court No.3, West Tripura, Agartala, in Case No. Criminal Appeal 03(1) of 2000.

2. The appeal aforesaid, was preferred by the present petitioners as appellants, challenging the judgment and order of conviction and sentence, dated 04.12.1999, passed by the learned Chief Judicial Magistrate, West Tripura, Agartala, in Case No.C.R.2972/1997, under Section 193 of the Indian Penal Code (hereinafter called 'IPC').

3. By the said judgment and order, dated 04.12.1999, the learned Chief Judicial Magistrate, convicted the appellants, under Section 193 IPC and sentenced them to suffer rigorous imprisonment for three years and pay fine of Rs.1,000/- each, in default suffer rigorous imprisonment for another period of three months.

4. The learned Addl. Sessions Judge, by the impugned judgment and order, dated 24.06.2002, while upholding the conviction aforesaid, modified the sentences, requiring the appellants to suffer rigorous imprisonment for six months and pay fine of Rs.1,000/- each, in default suffer rigorous imprisonment for another period of three months.

5. Aggrieved by the said judgment and order, the convicted persons as petitioners, have come up with this revision, challenging the legality and correctness of the impugned judgment and order aforesaid.

6. This relates to allegation of giving false evidence by the petitioners, who were witnesses in S.T. Case No.14(WT/S)/1995, disposed of by the learned Addl. Sessions Judge, West Tripura, Agartala.

7. The prosecution case, as revealed, during the trial, may, in brief, be stated as follows :-

On the intervening night of 07.12.1992 and 08.12.1992, at about 3-O clock, Smti Kanan Bala Das (hereinafter called 'the deceased'), aged about 17 years, an unmarried daughter of Sri Sudhir Chandra Das, was found lying dead on the road near her house. Accordingly, Sri Bimal Chandra Das (one of the petitioners), lodged a FIR with the police, informing therein, that the deceased had disclosed, in his presence as well as in presence of other witnesses, including her parents, that she was given dao blows by Sri Bhanu Das, with whom she had love affairs.

8. On receipt of the FIR, police registered a case, being Jatrapur P.S. Case No.2(12) of 1992, under Section 302 of the Indian Penal Code (hereinafter called 'IPC') and launched investigation into the matter.

9. During the course of investigation, the Investigating Officer forwarded Sri Subal Chandra Das, Sri Kshitish Chandra Das, Smti Gita Rani Das and Sri Kshetra Mohan Das (all petitioners), to the Court of the learned Sub Divisional Judicial Magistrate, Sonamura, for recording their statements, under Section 164 Cr.P.C., and, accordingly, the learned SDJM, recorded their statements. In their statements, made under Section 164 Cr.P.C., the said witnesses stated that, upon their arrival at the place of occurrence, the deceased told them that the accused, namely Sri Bhanu Das, had inflicted her injuries by means of a dao.

10. At the close of investigation, in the said criminal case, police submitted charge sheet against Sri Bhanu Das and forwarded him to the Court to stand trial. In the said Sessions Trial, initiated vide S.T.No.14(WT/S)/1995 against Sri Bhanu Das, the petitioners, who were the witnesses in the said Sessions Case, denied to have made any disclosure by the deceased about her assailant and, thus, they declined to make any incriminating statements against the accused person i.e. Sri Bhanu Das. The learned Addl. Sessions Judge, by his judgment and order, dated 18.12.1997, passed in S.T.No.14(WT/S)/95, while acquitting Sri Bhanu Das, observed that the petitioners gave false evidence before the Court. Therefore, the learned Addl. Sessions Judge, lodged a written complaint, before th