JUDGMENT : Piggott, J. This is an application by the Government advocate under the last clause of section 339 of the Code of Criminal Procedure, for sanction to prosecute one Bodha, on account of which certain evidence given by him during the trial of a murder case, eventually resulted in the conviction of one Gopal, being confirmed by this Bench in Criminal Appeal No. 350 of 1913. The essential facts, so far as this application for sanction is concerned are that Bodha was tendered in evidence as an accomplice giving evidence under a conditional promise of pardon before the committing Magistrate. He first made a statement to the effect that the murder was committed by Gopal and that he himself together with two other persons, Kashi and Ishri, also joined in committing it. He was again examined before the same Magistrate on a later date, when he deposed that the statement previously made by him was false, that he had really nothing to do with the murder and had seen nothing of it, but had been instigated to make a false statement by certain other persons. At the sessions trial, Bodha returned to his first statement, and gave evidence implicating Ishri and Kashi in the murder and admitting his own participation therein. The application for sanction before us refers to the contradictory statements made by Bodha and desires his prosecution upon a charge framed in the alternative. We think it important that a witness who is in any way induced to make a false statement in connection with a capital charge should be allowed every possible locus penitentiae. We should not feel disposed to sanction the prosecution of Bodha merely on the ground that he contradicted himself before the committing Magistrate. It is, however, urged upon us by the learned Government advocate that if sanction be granted the prosecution hopes to be in a position to establish that the evidence given by Bodha implicating Kashi and Ishri was false evidence and if this can be proved, we do not think that we ought to prevent the prosecution by refusing our sanction. We accordingly sanction the prosecution of Bodha, on the charge that he committed an offence punishable under section 193 of the Penal Code, 1860 in giving evidence before the Additional Sessions Judge of Aligarh on the 10th of May 1913 in Sessions Trial No. 8 of 1913. We accordingly sanction the prosecution of Bodha, on the charge that he committed an offence punishable under section 193 of the Penal Code, 1860 in giving evidence before the Additional Sessions Judge of Aligarh on the 10th of May 1913 in Sessions Trial No. 8 of 1913. The words quoted in the Government advocate's application paragraph (4) are the words in respect of which we grant sanction.