SANT RAM Vs. DULLA RAM

JUDGEMENT

(1.) The petitioner-accused filed an application under Sec. 311 of Cr.PC for allowing him to produce the BPL record of the respondent-complainant for the years 2011 to 2016. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) It was asserted that the accused had proved copies of various complaints filed by the complainant before learned Additional Chief Judicial Magistrate (ACJM), Court No. 1, Paonta Sahib, learned Judicial Magistrate First Class (JMFC), Court No.2, Paonta Sahib and learned Judicial Magistrate First Class (JMFC), Shillai, District Sirmour. The total amount involved in the complaints was around Rs.50.00 lacs. The complainant stated in his cross-examination that he had no source of income except agricultural land. The complainant was a member of the Below Poverty Line (BPL) family for five years. A person belonging to the BPL category earns less than Rs.6400.00 per month in rural areas and Rs.11,850.00 per month in urban areas. The complainant also constructed a pucca house at Paonta Sahib and Village Shakoli. He claimed that he had advanced a loan of more than Rs.50.00 lacs to various persons. Hence, it was prayed that the application be allowed and the record showing that the complainant was a member of Below Poverty Line from the year 2011 to 2016 be proved by examining the Secretary of Gram Panchayat at Sakholi.

(3.) The application was opposed by filing a reply.