AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Avtar Singh petitioner has come up in revision against the order of the Additional Sessions Judge, Sangrur, dated 5th July, 1983, by which be declined the prayer of the petitioner in an appeal for placing on record a copy of the judgment to be read in evidence in that appeal pending before him.

(2.) The petitioner was apprehended by the Sangrur police on 9th July, 1981. and a cycle alleged to be stolen property was recovered from him. Immediately after that he got recovered six cycles in consequence of his disclosure statement. He was challenged in two cases under section 411 of the Indian Penal Code. The petitioner was acquitted by Shri J. K. Goel, Chief Judicial Magistrate, Sangrur. However, the same Magistrate convicted him for the possession of one cycle which was recover from him when be was apprehended. The petitioner went in appeal to the Court of Session and therein he requested that a copy of the order of the Chief Judicial Magistrate by which he was acquitted of the charge for the possession of the six stolen cycles be allowed to be placed on record, but this prayer, of the petitioner was declined by the learned Additional Sessions Judge.

(3.) I think that in all fairness the learned Additional Sessions Judge should have allowed the copy of the judgment to be placed on record and then he could possibly go into the matter as to whether that was relevant for the purpose of the decision of the appeal pending before him. I consequently allow this revision and order that the copy of the judgment of Shri J. K. Goel, Chief Judicial Magistrate, dated 21st October, 1982, be allowed to be placed on record of the appeal.