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1959 Supreme(Raj) 124

MODI
Amolak – Appellant
Versus
State – Respondent


Advocates Appeared:
Balkishen, for Petitioner; Kan Singh, Dy. Govt. Advocate, for State

Modi, J.—This is a revision by the petitioner Amolak and raises an interesting question relating to the interpretation of the newly enacted sec. 479-A of the Code of Criminal Procedure.

2. The facts, out of which this revision arises, may be very shortly stated.

3. In Criminal case No. 21 of 1957—Hari Singh and four others were tried for offences under secs. 302 and 302/149 I. P. C. and certain other sections for causing the death of one Hari Ram and grievous injuries to his son Mangla. By his judgment dated the 26th of August, 1958, the learned Additional Sessions Judge, Jodhpur, acquitted the accused, having come to the finding that whatever injuries were caused to the deceased and his son, were so caused by the two accused Hari Singh and Madho in the exercise of their right of private defence of person. The petitioner Amolak was one of the three-eye-witness in that case. On the 5th of December, 1958, an application was moved on behalf of the State that the said Amolak had intentionally given false evidence and had thereby committed the offence of perjury and therefore the court be pleased to file a complaint against him under sec. 195 Cr.P.C. in the court of the magistrate concern


























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