Case Note & Summary
The appellant, Dr. Dilip Shankar Burte, was examined as a defence witness in a Sessions Court trial where the accused was convicted and sentenced to death under Section 302 IPC and other offences. In its judgment, the Sessions Court observed that the appellant had given false evidence and fabricated documents. Consequently, the Sessions Court issued a show-cause notice under Section 340 of the Code of Criminal Procedure, 1973 (CrPC), and after rejecting the appellant's explanation, filed a complaint and issued process against him. Aggrieved, the appellant initially filed a criminal application challenging the findings, but the High Court permitted its conversion into a criminal appeal under Section 341 CrPC. The appellant argued that the Sessions Court failed to record a finding that it was expedient in the interest of justice to probe the offence, as required by Section 340 CrPC, relying on the Supreme Court judgment in Pritish v. State of Maharashtra (2002) 1 SCC 253. The State contended that a complaint had already been filed and process issued. The High Court, after hearing both sides, held that the Sessions Court's order merely noted the finding of false evidence without recording the requisite expediency finding, and thus set aside the impugned order and quashed the complaint and process.
Headnote
A) Criminal Procedure Code - Section 340 - Initiation of Proceedings for False Evidence - Requirement of Expediency Finding - The court must record a finding that it is expedient in the interest of justice to probe the offence before issuing a complaint under Section 340 CrPC - Mere observation that the witness gave false evidence is insufficient - Held that the Sessions Court failed to record such finding, rendering the order unsustainable (Paras 5-7).
B) Criminal Procedure Code - Section 341 - Appeal Against Order Under Section 340 - Maintainability - An appeal lies under Section 341 CrPC against an order passed under Section 340 CrPC - The High Court permitted conversion of a criminal application into a criminal appeal under Section 341 CrPC (Paras 1-3).
Issue of Consideration
Whether the Sessions Court's order under Section 340 CrPC initiating proceedings for fabrication of evidence and giving false evidence was valid without recording a finding that it was expedient in the interest of justice to probe the offence.
Final Decision
The High Court allowed the appeal, set aside the impugned order passed by the Sessions Court, and quashed the complaint and process issued against the appellant.
Law Points
- Section 340 CrPC requires court to record a finding that it is expedient in the interest of justice to probe the offence
- mere observation of false evidence is insufficient
- Section 341 CrPC provides appeal against such order
Case Details
2014 LawText (BOM) (07) 75
Criminal Appeal No. 596 of 2014
Mr. A. A. Kumbhakoni, Sr. Counsel with V. V. Purwant (for Appellant), Mr. S. K. Shinde, PP with Mrs. M. H. Mhatre, APP (for Respondent)
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Nature of Litigation
Criminal appeal against an order under Section 340 CrPC initiating proceedings for giving false evidence and fabricating documents.
Remedy Sought
The appellant sought to quash and expunge the findings/observations made by the Sessions Court against him and set aside the complaint and process issued under Section 340 CrPC.
Filing Reason
The Sessions Court, while convicting the accused in a murder trial, observed that the appellant (a defence witness) gave false evidence and fabricated documents, and thereafter issued a show-cause notice under Section 340 CrPC, rejected his explanation, and filed a complaint.
Previous Decisions
The Sessions Court convicted the original accused under Section 302 IPC and awarded death penalty; it also issued a show-cause notice under Section 340 CrPC to the appellant, rejected his explanation, and filed a complaint.
Issues
Whether the Sessions Court's order under Section 340 CrPC was valid without recording a finding that it was expedient in the interest of justice to probe the offence.
Whether the appeal under Section 341 CrPC was maintainable against the order under Section 340 CrPC.
Submissions/Arguments
Appellant: The Sessions Court failed to record a finding that it was expedient in the interest of justice to probe the offence, as required under Section 340 CrPC; mere observation of false evidence is insufficient. Relied on Pritish v. State of Maharashtra.
Respondent: The complaint has been filed and process issued; the Sessions Court gave a detailed finding in its judgment.
Ratio Decidendi
Under Section 340 CrPC, the court must record a finding that it is expedient in the interest of justice to probe the offence before initiating proceedings; mere observation that a witness gave false evidence is not sufficient. The Sessions Court's order failed to record such a finding and was therefore unsustainable.
Judgment Excerpts
It is submitted that taking into consideration the wordings used in Section 340 Cr. P.C., the Court is expected to record a finding that it is expedient and in the interest of justice that offence should be probed into.
The Sessions Court has merely observed that in view of the finding recorded in the judgment on the basis of evidence given by the Appellant, there was no question of dropping the said notice.
Procedural History
The appellant was examined as a defence witness in a Sessions Court trial where the accused was convicted under Section 302 IPC and sentenced to death. The Sessions Court observed that the appellant gave false evidence and fabricated documents, issued a show-cause notice under Section 340 CrPC, rejected his explanation, and filed a complaint. The appellant initially filed a criminal application (Criminal Application No. 890 of 2013) challenging the findings, which was converted into Criminal Appeal No. 596 of 2014 under Section 341 CrPC by the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 340, 341
- Indian Penal Code, 1860: 193, 302
