ISRAIL MIAN ALIAS ISRAIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Section 351 of the Code of Criminal Procedure (hereinafter to be referred as the "Code") against the judgment and order dated 27-1-1994 passed by the IInd Additional Sessions Judge, Godda in a proceeding for prosecution under Section 344 of the Code for producing false evidence in Bail Petition No. 345 of 1993 being Cr. Misc. No. 10 of 1993, whereby the learned Additional Sessions Judge convicted the appellant for knowingly producing false evidence with the intention that such evidence be used by the Court for disposal of the bail petition and sentenced him to pay a fine of Rs. 500/-.

(2.) The facts in short relating to the aforesaid proceeding are that the appellant had filed a. complaint petition in the Court of Chief Judicial Magistrate, Godda, against Hazrat Ali, Khuda Buksh. Abjun Bibi, Talib Hussain and Khairan Bibi alleging therein that the accused persons had severely beaten his daughter namely Ajina Bibi who was pregnant, in order to ensure compliance of their demand for dowry, as a result of beating, his daughter died in Sadar Hospital, Gooda.

(3.) By the order of the Court, the aforesaid complaint petition, was registered as Godda(T) P. S. Case No. 178 of 1993. The accused persons applied for bail before the Chief Judicial Magistrate, Godda, which was rejected. Thereafter, they applied for bail before the Sessions Judge, Godda which was registered as Bail Petition No. 345 of 1993. In the aforesaid bail petition, a photo copy of the death certificate was received from the Deputy Superintendent of Sadar Hospital in which cause of death was show as "ECALAMPSIA". In the original Death Certificate No. 552285 dated 20-11-1992 produced by the Public Prosecutor, in column of cause of death, in addition to "ECALAMPSIA" it was written as "CAUSE OF ECALAMPSIA" beaten by husband and mother-in-law.