STATE OF MAHARASHTRA Vs. MASASINGH CHANDASINGH

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Nagpur, recommending that an order D/-1-5-1957 passed by the Judge-Magistrate Mr. K. W. Kathalay, in Criminal Case No. 74 of 1957, should be set aside.

(2.) THE non-applicant Masasingh was being prosecuted under S. 506 (2), Indian Penal Code, and after certain witnesses were examined for the prosecution a charge was framed under that section against him. After the charge prosecution witnesses were called for cross-examination, including three witnesses Harnamsingh, Triloksingh and Balwant-singh Setty. It appears that the accused did not avail of the opportunity to cross-examine them which was offered to him. Later, on 26-2-1957 the accused entered upon his defence and put in a list of defence witnesses. A month later, on 26-3-1957, the accused put in an application praying that the three witnesses should be called and he should be permitted to cross-examine them, but the trying Magistrate rejected this application. Thereafter the accused applied to call them as his defence witnesses and the Magistrate allowed that application and summoned the three persons named above as defence witnesses. What happened while they were examined as Defence witnesses has given rise to the present reference.

(3.) IT appears that counsel on behalf of the accused commenced cross-examining these witnesses and the Magistrate intervened and ordered that he could not cross-examine them and since they were merely defence witnesses he could examine them, on behalf of the accused.