RAM LABHAYA Vs. AGYA WATI

JUDGEMENT

(1.) The facts of this case given by the learned Sessions Judge Jullundur, in his order dated the 5th June, 1962, and also the reasons for his recommendation to this Court to set aside the order of the trial Magistrate and to remand the case back to the Magistrate for a fresh finding, which do not need repetition. The parties were heard at some length. One of the arguments for turning down this recommendation of the Sessions Judge raised by Mr. Sirhadi, counsel for Agya Wati was that the Sessions Judge was wrong in relying on Kaliammal v. Pangiammal, 1958 AIR(Mad) 331, which lays down that the failure to prepare inspection note and keep them on record will vitiate the judgment as the fact observed by judgment at the local inspection must have consciously or unconsciously been taken into consideration by him in arriving at his conclusions in the judgment. The counsel submitted that it was a case of civil nature, but there was no such provision in the Code of Criminal Procedure. Unfortunately, however, it appears that Section 539-B of the Cr.P.C. has escaped the counsel's notice. This section runs as under :-