P.W. 1 in Sessions Case No. 72 of 1986 on the file of the Additional Sessions Judge, Parur is the appellant. In that case the accused was convicted and sentenced for murder by judgment dt/- 22-1-1987. Appellant was also the first informant in that case and Ext. P1 is the first information statement given by him and recorded by P.W. 14 in the Sessions case. The prosecutor filed Crl.M.P. 7 of 1987 before the Additional Sessions Judge under Section 340 of the Cr.P.C. (hereinafter referred to as 'the Code') to prosecute the appellant for giving false evidence. By order dt/- 2-2-1987 the Additional Sessions Judge allowed that petition and ordered the appellant to be prosecuted for having committed an offence as defined under Section 191 and made punishable under Section 193 of the I.P.C. Accordingly the Additional Sessions Judge filed a complaint and the Judicial First Class Magistrate, Parur took cognizance for an offence punishable under Section 193, I.P.C. The appeal is directed against that order.

2. Section 191 of the I.P.C. reads :

"Whoever being legally bound by an oath or by any express provision of law to state the truth, or being bound boy law to make a declaration