DOMAN MAHTON Vs. SURAJDEO PRASAD

JUDGEMENT

(1.) This application is by an accused person in a criminal case before a Munsif Magistrate, Monghyr, where the question arose as to whether the attention of a witness could be drawn in cross-examination to the previous statement made by him in another case.

(2.) The facts are these, At 9.15 A. M., on 27-4-1965, the petitioner, who is a Low Tension Fuseman of Bihar State Electricity Board at Lakhisarai, filed a case of assault, at Police Station Lakhisarai, against the opposite party, who was arrested and later on released on bail on the same day by the police. The said case was registered as G.R. Case No. 668 of 1965. The opposite party was a Member of the Lakhisarai Notified Area Committee thereinafter referred to as 'the Area Committee'). The Police examined one Jamadar of the Area Committee named Ramgovind Prasad. After investigation, the Police submitted charge sheet, and the trial is now pending in the Court of the Munsif Magistrate at Monghyr.

(3.) It appears that in respect of the above incident, the opposite party also filed a complaint for various offences, such as Sections 323, 352, 504, 379 and 109 of the Penal Code, before the Sub-divisional Officer, Monghyr, on 29-4-1965. Cognizance was taken and the trial is also proceeding before the said Munsif Magistrate at Monghyr, namely, Shri Raghuraj Singh, and it is registered as Case No. 239C of 1965.