Rudrappa Vs. Gowda Chigaterappa - Court Judgment

Excerpt:
- indian penal code, 1890. sections 498-a & 306 r/w section 34 :[v.jagannathan,j] suicide by married woman by setting herself ablaze conviction of husband and mother-in-law of deceased for abetment of conviction based on dying declaration recorded in cyclostyled form by executive magistrate without doctors certificate that declarant was in fit condition to make declaration - medical and other evidence that deceased had suffered 95% of burns and was not able to respond to questions put to her held, such dying declaration has no evidentiary value to support conviction. on other hand, evidence on record suggests that deceased wanted to go back to her parents house as she was dejected in life, because her mother-in-law and her husbands brother were blind by birth requiring her help all.....orderbalakrishnaiya, j.1. this revision petition is filed by accused 1 in c. c. no. 1273/50-51 on the file of the additional i class magistrate of davanagore. the respondent filed a complaint dated 16-10-50 for taking action against the accused for offences under sections 416 and 471, penal code., and section 82, registration act. during the progress of the ease, on 21-3-1951 the petitioner filed an application in the trial court under section 195 (1) (c), criminal p. c., stating that the complaint is incompetent without the previous sanction of the civil court before which the offence is said to have been committed under section 471, penal code. it is not disputed that merely a copy of the alleged forged document was produced in this case.2. lord simonds, in a recent case before the.....

Judgment:
ORDER

Balakrishnaiya, J.

1. This revision petition is filed by accused 1 in C. C. No. 1273/50-51 on the file of the Additional I Class Magistrate of Davanagore. The respondent filed a complaint dated 16-10-50 for taking action against the accused for offences under Sections 416 and 471, Penal Code., and Section 82, Registration Act. During the progress of the ease, on 21-3-1951 the petitioner filed an application in the trial Court under Section 195 (1) (c), Criminal P. C., stating that the complaint is incompetent without the previous sanction of the civil Court before which the offence is said to have been committed under Section 471, Penal Code. It is not disputed that merely a copy of the alleged forged document was produced in this case.

2. Lord Simonds, in a recent case before the Privy Council Sanmukh Singh v. The King, A. I. R. (37) 1950 P. C. 31, has observed as follows:

'Section 195 (1) (c) only refers to a document alleged to be forged and not to a copy of it. The reason is that the Court before which a copy of a document is produced is not really in a position to express any opinion upon the genuineness of the original. Though by production of a copy secondary evidence of the contents of a document might be said to be given, the forged document itself cannot be said to be given in evidence .... and in such circumstances the absence of a complaint under Section 195 (1) (c) cannot operate as a bar to the trial of the accused.'

In a case reported in Emperor v. Mustafa Ali Khan, 2 or. L. J. 653 (oudh), where no original document was produced except a copy of the mortgage deed obtained from the registration department, the defendant did not appear to defend the suit, nor did he produce the original and the suit was decreed ex parte. In criminal proceedings instituted subsequently, it was objected on behalf of the accused that the prosecution could not proceed without the previous sanction of the Court under Section 195 (c), Criminal P. C., it was held that no previous sanction was necessary as the original mortgage-bond had not been produced to enable the Court to determine upon the genuineness or otherwise of the document impeached.

3. In the present case, the defendant consented to the decree with the result that neither the original was produced or acted upon ; only a copy of the impugned document was produced and the Court was not in a position to give any decision thereto. In the circumstances no sanction of the Court is necessary.

4. In this view the order of the learned Magistrate rejecting the application and posting the original complaint for evidence is not incorrect. This revision petition fails and is dismissed.