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Chandra Mohan Nanda Vs. Empreror - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in43Ind.Cas.822
AppellantChandra Mohan Nanda
RespondentEmpreror
Excerpt:
penal code (act xlv of 1860), section 193 - criminal procedure code (act v of 1898), section 195--perjury--sanction to prosecute--discrepancy owing to inaccuracy of mind. - 1. we think that in this case the rule should be made absolute. the statements made by the witness whose prosecution for perjury has been ordered do not appear to be deliberate false statements so much as statements slightly discrepant due to inaccuracy of mind. it does not appear from the witness' deposition that he was desirous of saving the accused. indeed, it appears that he actually sent word to the thana through the chaukidar. the rule is accordingly made absolute and the proceedings against the petitioner under section 193, indian penal code, are quashed.
Judgment:

1. We think that in this case the Rule should be made absolute. The statements made by the witness whose prosecution for perjury has been ordered do not appear to be deliberate false statements so much as statements slightly discrepant due to inaccuracy of mind. It does not appear from the witness' deposition that he was desirous of saving the accused. Indeed, it appears that he actually sent word to the thana through the chaukidar. The Rule is accordingly made absolute and the proceedings against the petitioner under Section 193, Indian Penal Code, are quashed.


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