LINCOLN J WILLIS Vs. SHAMSUL HAQUE

JUDGEMENT

(1.) THIS is an appeal under section 476b of the Code of criminal Procedure against an order dated the 12th February, 1969, passed by Sri s. N. Mukherjee, Presidency Magistrate 15th Court, Calcutta.

(2.) THE appellant Lincoln J. Willis was tried along with his son Oilver a, Willis alias Jambo before the learned magistrate on a complaint filed by the respondent Shamsul Haque. Against the appellant there was a charge under sections 427/114 of the Indian Penal code and against his son there was a charge under section 427 of the Indian penal Code. The learned Magistrate by his order dated 3. 12. 68 found both the appellant and his son guilty of the charges and convicted them accordingly. Against that order this Court was moved in revision, and in revision the order of conviction and sentence passed on the appellant was set aside, but the conviction and sentence passed on the appellant's son was maintained.

(3.) ON the 6th February; 1969 the appellant Lincoln J. Willis filed a petition before the learned Magistrate under section 476 Criminal Procedure code alleging, inter alia, that in the case, namely, case No. C 160 of 1968, the original copy of the General Diary entry No. 2702 dated 23. 1. 68 lodged by one Sr. Ladla was produced by one anil Kumar Saha of the Park Street police Station, who deposed as P. W. 4 in the said case. That G. D. Entry was marked as Ext. 1. It was contended that the original copy of the said G. D. entry had been interpolated and for the word 'absence' the word 'presence' had been inserted. The appellant also mentioned that he had seen the duplicate copy of the said G. D. Entry kept in the Park Street Police Station and according to him it contained the word 'absence'.