Giving false evidence
Excelsior Correspondent
JAMMU, Aug 16: In a case under Section 193 of RPC read with section 479-A of Cr.P.C against accused Dr. G.M Bhat, the then Medical Officer, Police Hospital, Srinagar in which he gave false evidence before Sessions Court, Jammu in the year 1994, Court of Chief Judicial Magistrate, Jammu, A.S Langeh has issued direction in the name of Director Health Services, Srinagar to give particulars of accused so that necessary process can be issued against him for procurement of his attendance in the court.
Allegations against accused were that he appeared as witness in a case under sections 302/498-A of RPC on 24.12.1994 before Sessions Court, Jammu and testified on oath that cause of death of deceased Chasfeeda was strangulation. In cross examination, however, the doctors changed his stance altogether and deposed that in his opinion the cause of death of deceased was “by hanging”. The then Sessions Judge, Jammu after deciding the case, filed complaint under section 193 of RPC read with Section 479-A of Cr.P.C before Chief Judicial Magistrate, Jammu asking him that accused be prosecuted for giving false evidence during judicial proceedings.
It is pertinent of mention here that the complaint was filed on 18.12.1995 and till date presence of accused could not be procured in the court despite issuance of numerous non-bailable warrants of arrest; publication in the newspapers and addressing communications to Director Health Services, Srinagar repeatedly – to give particulars of accused. It was communicated to court in many communications that accused left MLA hostel, Srinagar in the year 1997.
While taking serious note of the matter, CJM, Jammu observed:-“failure to round up an accused in a complaint which is initiated/sponsored by no less than a Sessions Court and that too more than 25 years back – is not only terribly shocking but also raises heckles.” adding – that because accused was serving in police hospital, Srinagar at relevant time, therefore his particulars can also be procured from District Police Line, Srinagar and in this end court directed SSP, Srinagar as also Dy.SP DAR, Srinagar to furnish detailed particulars of accused. Director Health Services, Srinagar has also been asked to ensure that current particulars of accused be furnished in case he has superannuated from service.
With these observations, the court directed that copies of order be sent to Director Health Services, Srinagar, SSP Srinagar and Dy.SP DAR, Srinagar for compliance.
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