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1994 Supreme(Ker) 376

K.T.THOMAS, P.V.NARAYANAN NAMBIAR
Kuriakose – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

NARAYANAN NAMBIAR, J.

One Kuriakose was examined as a prosecution witness in a Sessions trial. Learned Sessions Judge proceeded against him under S. 340 of the Code of Criminal Procedure (for short 'the Code') on the premise that he had committed the offence punishable under S. 193 of the Penal Code alleging that he gave false evidence. He was examined as P.W. 14 being an attestor in Ext. P17 mahazar which was prepared in respect of the recovery of a knife effected by a Circle Inspector of Police. In the course of evidence, P.W. 14 stated that he did not know about the contents of the mahazar (Ext. P17) and that he did not witness the recovery of the knife from the house of the accused. (Of course, placing reliance on the evidence of the investigating officer, recovery of M.O. 2 weapon was accepted by the Sessions Court and the case against the accused ended in conviction).

2. Learned Sessions Judge criticised P.W. 14 in his judgment and qualified him as a person "who is prepared to mortgage his conscience to any extent to oblige a person in authority or for his own aggrandisement". Learned Judge also remarked that "from the manner in which this witness was giving evide























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