Chenna Malli Gowda (Accused), v. Emperor .

There can be no reasonable doubt that the appellant falsely accused three men of having murdered his brother and that he knew the accusation to be false. The accusation, was made, in the first instance, to the Village Magistrate who, under section 13, Regulation XI of 1816, has authority to arrest any person whom he suspects of having-committed the murder of a person, whose body is found, as it was in this case, within his jurisdiction.

Such an accusation made to a Village Magistrate is, we think, a “charge” within the meaning of section 211, Indian Penal. Code, even though it does not amount to the institution of criminal proceedings and even though no criminal proceedings' follow it owing to the police on investigation referring the charge as false.

On this ground, we think the conviction is right, and it is not necessary to consider the subsequent complaint made to the Subordinate Magistrate, which complaint was substantially though, perhaps not technically, dismissed.

We dismiss the appeal.