Chandra Mohan Nanda Vs. Empreror

Chandra Mohan Nanda vs Empreror

Type Court Judgment Court Kolkata Decided Dec 07, 1917

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Citation: sooperkanoon.com/876541
Court: Kolkata
Judge: Chitty and ;Smither, JJ.
Decided On: Dec 07, 1917
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

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. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Chandra Mohan Nanda

Respondent

Empreror

Legal References

Reported In: 43Ind.Cas.822

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.

Full 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.

Same Parties Chandra Mohan Nanda vs Empreror Same Subject Criminal Same Judge Chitty and ;Smither, JJ.

Criminal