SHIVANNA Vs. STATE OF MYSORE

JUDGEMENT

(1.) This revision petition is preferred aggrieved by the order passed by the Special First Class Magistrate, Davanagere, on 13-3-1970 in CC.No. 1269 of 1969 on the file of his court.

(2.) The facts necessary for the disposal of this petition briefly stated are: that the petitioners who are sixteen in number were prosecuted for the offences under Ss. 143, 147, 148, 149, 324 and 326 I.P.C. The evidence of the prosecution witnesses was recorded in the trial court. At that stage an application was made on behalf of the petitioners (accused) under S.540 Crl.P.C. on 23-2-1970, in which it was prayed that some of the police officials should be summoned and examined as court witnesses. The court below, by its order in revision, rejected the application filed by the accused petitioners.

(3.) Mr.Deshpande the learned counsel for the petitioners submitted that it is borne out by the evidence of P.W. 14 that the statements of the witnesses (PWs. 2 to 8) were recorded by the head constable, Nazir Ahmed in the Davanagere Hospital. During the course of recording the evidence of PW.14, the petitioners came to know for the first time that the statements of the injured persons were, at the earlier stage of time, recorded by the Head Constable Nazir Ahmed Having come to know the same, the petitioners made an application to the Magistrate to summon the Head Constable Nazir Ahmed. Mr. Deshpande argued that P.Ws.2 to 8 were material witnesses in the case. Therefore, he urged that the Magistrate has committed an illegality in refusing the application which had been filed on behalf of the petitioners under S. 540 Cr.P.C. P.W. 14, in his cross-examination deposed: "Copies of those statements and original statements were kept in the case diary. The original statements were not sent to court. Copies of those statements were sent to the higher officers." Further down in his cross-examination he stated: