JUDGMENT :

Rao, J. - This is an appeal by the State against the order of acquittal of the Respondent-accused who was tried by Sri S.C. Mohanty, Magistrate, 1st Class, Nowrangpur, on a charge of perjury punishable u/s 193 I.P.C.

2. The prosecution was launched by the Additional Sessions Judge, Jeypore u/s 476 Code of Criminal Procedure It is clearly alleged in the complaint that Sadasiba Naik, the accused was examined as P.W. 15 in the Court of the Additional Sessions Judge, Jeypore in Sessions Case No. 38 of 1952 against Jagabandhu Domb and another u/s 302 I.P.C. that he was also examined in the preliminary enquiry by the committing Magistrate as P.W. 13 and that in the Sessions Court he had categorically denied his statement in the committing Court. The relevant statement in the committing Court as P.W. 13, is

I saw blood-stains on the earth and the dead body covered with Sargi twigs. There was mark of dragging from the cart track to the spot where the body was lying.

The relevant statement in the Sessions Court, as P.W. 15, is

I did not state in the committing Court that I found the dead body covered with Sargi twigs. I did not see any marks of dragging or marks of blood at the spot.