JUDGMENT

Braund, J. - This is an appeal by an appellant, Taskhir Ahmad, who in 1943 was., the head moharrir of the police station at a place called Nahtaur. This man has been convicted of the offence of giving false evidence in a judicial proceeding and has been sentenced to a nominal term of imprisonment and to suffer a fine as well. In my opinion, without reference to the merits of the case, the appellant succeeds on a technical point. The facts for this purpose can be briefly stated. The appellant was the head moharrir of the police station, and to him came a certain person to lodge a complaint against some seventeen persons who were alleged to have committed serious offences, one of which was murder. The appellant took down the first information report and he also made the routine entries in what is known as the general diary. Among the seventeen persons who were implicated by this first information report was a certain Raj Kumar. What the appellant is said to have done is both in the first information report and the general diary, to have added the name of Raj Bahadur-the brother of Raj Kumar-as a person informed against, and moreover to have done this after, and by way of addi