Janki Rai vs Emperor - 1927 Supreme(All) 462

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(All) 462

DALAL
Janki Rai – Appellant
Versus
Emperor – Respondent

JUDGMENT

Dalal, J. - This is an application in revision from the judgment of a learned Sessions Judge upholding the applicant's conviction u/s 199, I.P.C. The facts are admitted, as they must be, here by the applicant's learned Counsel, Dr. Agarwala. He raised a point of law that on those facts no offence was committed u/s 199.

2. In a suit for sale against a Hindu father and his sons the father filed a written statement to the effect that the money was borrowed for the benefit of the plaintiff's father, who was a brother of the applicant. The written Statement was verified as required by the provisions of Order 6, Rule 15, but the Court had not ordered proof of the statements made therein by affidavit as it had power to do under Order 19, Rule 1. Under the circumstances, the question before this Court is whether the written statement falls within the terms of Section 199 which makes punishable any declaration which any Court of justice is bound or authorized by law to receive as evidence of any fact. A written statement is a pleading under Order 6, which describes how pleadings are to be prepared. Order 8, Rule 1 lays down that a defendant may present a written statement of his defe

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