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1925 Supreme(Oudh) 177
HIGH COURT OF OUDH
Wazir Hasan, A.J.C.
Mt Patraji - Appellant
Versus
Emperor - Respondent
Decided On : 23-07-1925
JUDGMENT
Wazir Hasan, A J C - These are applications under Section 438 of the Code of Criminal Procedure. The two applicants first made statements under Section 164 of the Code of Criminal Procedure in a case while it was under police investigation. When the inquiry began before a competent Magistrate they both made statements diametrically opposed to what they bad stated at the police investigation They have now been charged under Section 193 of the Indian Penal Code in respect of those statements and the charge is in accordance with Section 236 of the Code of Criminal Procedure. The trial Court convicted each of these applicants under Section 193 of the Indian Penal Code and sentenced each to rigorous imprisonment for 18 months including one month's solitary confinement and to a fine of Rs. 25. On appeal by them the learned Sessions Judge of Fyzabad upheld the conviction and the sentence of fire but reduced the term of imprisonment to six months.
2. The argument of the learned Counsel for the applicants is that the two statements did not constitute a series of acts within the meaning of Section 236 of the Code of Criminal Procedure. As against this argument there is a Full Bench decision of the Bombay High Court in the case of Emperor v. Purshottam A.I.R. 1921 Bom. 3. The Bench consisted of five learned Judges four of whom expressed the opinion that two such statements constitute a series of acts on which an alternative charge under Section 236 of the Code of Criminal Procedure could be framed. The 5th Judge expressed a contrary opinion. I prefer to follow the opinion of the majority. Having regard to the circumstances of the case, however, I am prepared to reduce the sentence still more. The applicants have already served five months' imprisonment and I reduce sentences to that term only. The sentence as to fine is also set aside and if it is paid will be refunded.
