This is an appeal preferred by a witness as per Section 341(1) of the Code of Criminal Procedure (for short 'the Code'). Appellant was examined as PW 9 in a Sessions trial (in S.C. No. 51/88) held in the Second Additional Sessions Court, Ernakulam. Appellant deposed in court quite contrary to what he had said in a statement recorded by a magistrate as per Section 164 of the Code. Learned Sessions Judge, while disposing of the Sessions Case, took the view that appellant has given false evidence knowingly and without any regard for truth. Learned Sessions Judge considered it expedient to make an enquiry and hence issued a notice to the appellant to show cause why he should not be proceeded against for the offence under Section 193 of the Indian Penal Code. After considering the cause shown by the appellant, learned Sessions Judge caused a complaint to be filed before the local Chief Judicial Magistrate.

2. Section 341 of the Code provides an appeal at the instance of a person against whom a complaint has been made under section 340 of the Code. According to the appellant, he gave the statement before the magistrate who recorded it under section 164 of the Code as he was t