Allahabad Court January 1920 Judgments

Ganga Sahai Vs. Emperor Through Tarif

Court: Allahabad

Reported in: AIR1920All140; 54Ind.Cas.890

Walsh, J.1. This is a case in which a man has been charged under Section 500 of the Indian Penal Code and ordered to pay a fine of Rs. 250 for an answer given by him on oath in a Civil ease. The fine was reduced by the Sessions Judge to Rs. 100. The applicant, being still dissatisfied, has applied to this Court to fet aside the order on the ground that no offence had been committed.2. The circumstances of the ease are possibly exceptional, but it is perfectly certain that at an adjourned hearing of the case the witness, who was a mortgagee and was suing his mortgagor for his money, was asked by the Munsif who was trying the case why he wanted back his money. His answer was that he did not wish to keep the land of the present complainant, the then defendant, under mortgage, because he was a badmash and a thief. Of course that meant that be thought him so.3. It appears that this answer was given to the Munsif at an adjourned bearing after the witness had left the witness-box. So far as g...