STATE OF GUJARAT Vs. ASHOKKUMAR LAVJIRAM JOSHI

JUDGEMENT

(1.) The respondents Nos.1 and 2-original accused persons, although served with the notice issued by this Court, yet have chosen not to remain present before this Court either in person or through an advocate and oppose this application.

(2.) Rule returnable forthwith. Mr. Tushar Chaudhari, the learned counsel, waives service of notice of rule for and on behalf of the respondent No.3-original first informant.

(3.) By this application under Article 227 of the Constitution of India, the State of Gujarat calls in question the legality and validity of the order passed by the 2nd Addl. Sessions Judge, Banaskantha dated 05.01.2018 below Exh.125 in the Sessions Case No.40 of 2011. It appears that the respondents Nos.1 and 2 have been put on trial for the offence of murder in the court of the 2nd Addl. Sessions Judge, Banaskantha at Deesa. In the course of the investigation, the Circle Officer was asked by the Investigating Officer to prepare a map of the scene of offence. Accordingly, the map was prepared and is sought to be relied upon by the prosecution by adducing the same in evidence. This map of the scene of offence was prepared, at the relevant point of time, by one Popatlal S. Trivedi, serving as a Circle Officer in the office of the Dantiwada Taluka Panchayat. Popatlal S. Trivedi has retired from the service. In such circumstances, the prosecution sought to adduce the map of the scene of offence in evidence through the P.W. No.20, namely, Manabhai Ajabhai Patel. This Manabhai, as on date, is serving as the In-charge Panchayat Circle Officer in the office of the Dantiwada Taluka Panchayat. The deposition of the P.W. No.20 is extracted hereunder;