STATE Vs. SOHANSINGH

JUDGEMENT

(1.) THIS is a reference by the Second Additional Sessions Judge Indore.

(2.) THE facts of the case briefly are as follows: The non-applicant Sohansingh, son of Budha-singh Sikh, and others are being prosecuted by Gautampura Police in the Court of the Sub-divisional Magistrate Hatod. In the course of the trial the prosecution tendered, one witness by name Zunzarsingh. The witness Zunzarsingh happened to be present in the Court room when the other prosecution witnesses were being examined in the case. When his turn came and he was called in the witness-box an objection was raised on behalf of the accused that this witness could not be examined as he was present in Court and was hearing the evidence given by the other prosecution witnesses The trial Court upheld this objection of the defence and cancelled the evidence of this witness. Aggrieved by the order of cancellation of this evidence, the State preferred a revision in the Court of the Additional Sessions Judge Indore and the learned Judge being of the opinion that the order of the Magistrate was absurd and untenable has referred this case to the High Court Under Section 438, Criminal P. C.

(3.) THE Government Advocate for the State and Mr. Patel for the accused were heard.