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1927 Supreme(Lah) 128

Lahore High Court
Broadway, J.
Akbar - Appellant
Versus
Emperor - Respondent
Decided On : 16-12-1927

JUDGMENT

Broadway, J. - Akbar has been found guilty of an offence under Section 193, I.P.C., and has been dealt with under Section 562, Criminal P.C. The reason for this is that he was the complainant in the case against Hans Raj and had received a bullet wound. There is no doubt that he was won over by the defence in the case against Hans Raj and that he deliberately committed perjury intending to screen Hans Raj. In these circumstances I do not think the Magistrate was right in dealing with Akbar under Section 562, Criminal P.C. Perjury is far too rife for any such leniency which I consider misplaced. Bearing in mind that, he was shot I set aside the order wader Section 562, Criminal P.C., and sentence Akbar to rigorous imprisonment for one year.

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