Laxman Rao vs Court of Third Additional Sessions Judge, Guna

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1621

G. S. AHLUWALIA
Laxman Rao – Appellant
Versus
Court of Third Additional Sessions Judge, Guna – Respondent

Advocates Appeared:
Shri Amit Lahoti, for the Appellant, Shri C.P. Singh, for the Respondent.

JUDGMENT

ORDER

1. This criminal revision under Section 397/401 of CrPC has been filed against the order dated 26.09.2019 passed by First Additional Sessions Judge, Guna in Criminal Appeal No.251/2018, by which the order dated 01.09.2018 passed by JMFC, Guna in Criminal Case No. 145/2013 has been affirmed.

2. The necessary facts for disposal of the present revision in short are that one trial under Sections 120-B and 412 of IPC was pending in S.T. No. 118/2010 on the allegations that on 13.07.2009 one Rakesh Jain, who was travelling in a bus, was looted and an amount of Rs.20.00 lacs was taken away. The applicant was one of the seizure witness of the looted amount. He appeared in the trial and stated in his examination-in-chief that the accused namely Ramkumar Niranjan had made a memorandum and had disclosed that he has kept his share of Rs.80,000/- in his village Pahada and, accordingly, an amount of Rs.80,000/- was seized from the house of the accused vide seizure memo Ex. P-7. Since the applicant had given the incorrect evidence, therefore, he was declared hostile and in cross-examination by the Public Prosecutor, he corrected himself and submitted that in fact, the amount of Rs.80,