CHAMPABAI Vs. STATE

JUDGEMENT

(1.) THIS is a report made by the third Additional Sessions Judge Indore under section 438 Criminal Procedure Code.

(2.) PROCEEDINGS of inquiry were going on against the petitioner Champabai for offences under Section 302, 307, 109 and 114 I. P. C. , which were triable by the court of Sessions, before the 2nd Additional City Magistrate Indore. During the course of these proceedings five witnesses on behalf of the prosecution were examined. Out of these five four were said to be the eye-witnesses of the occurrence. On 13-8-1956 the prosecuting inspector after having examined koushalyabai, the last of these four eye-witnesses reserved the rest of the witnesses and the case was fixed for the statement of the accused and for framing a charge. The next date fixed was 23-8-1956. On 16-8-1956 an application was submitted on behalf of the accused that besides the four eye-witneses examined on behalf of the prosecution two more persons Ramcharan and Mathuribai, disclosed by the police as eye-witnesses of the occurrence, ought to be called and examined at this stage.

(3.) THE learned Magistrate considered this application on 23-8-1956 and rejected the same on the ground that he did not consider their examination to be necessary.