RAJESH JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, who is a Jeweler and running a Jewellery shop in Shujalpur was arrayed as a prosecution witness in Sessions Trial Case No. 166 of 09 (State Vs. Jamnaprasad) under Sections 302, 201 and 397 of the Penal Code.

(2.) THE petitioner was examined as a prosecution witness as P.W. 15 in the aforesaid case on 15th April, 10. In his deposition he stated that on 1st March, 09 one Gangaram was brought to his shop by the Police. At his instance, one silver piece was taken into possession by the Police from his shop, vide Exh. P-21. He made the following statements : - <IMG>JUDGEMENT_91_MPHT5_20121.jpg</IMG> <IMG>JUDGEMENT_91_MPHT5_20122.jpg</IMG>

(3.) A similar reply was also given by the prosecution. Despite that the learned Addl. Sessions Judge passed an order, dated 18-5-10 to implead the petitioner for commission of an offence under Section 411 of the Penal Code. The relevant portion of the said order reads as under : - <IMG>JUDGEMENT_91_MPHT5_20124.jpg</IMG> <IMG>JUDGEMENT_91_MPHT5_20125.jpg</IMG>