STATE Vs. MOHINDER NATH

JUDGEMENT

(1.) A case abandoned raises art interesting issue. Could there be a cross -examination on the basis of an examination -in -chief made prior to framing of charge during committal proceedings taken under chapter 18 of the Code of Criminal Procedure? What is the worth of such cross examination? Could it be used and relied upon as legal evidence for recording conviction or acquittal of an accused?

(2.) ALL these questions form subject matter of this acquittal appeal which in turn arises out of police challan presented to Magistrate of Hiranagar under sections 307/34 RPC, somewhere in 1971. Since the offences were triable by the court of Sessions, Magistrate mode enquiry under the provisions of chapter 18 of Cr. P. Code and upon consideration instead of committing the accused for trial by the Sessions Court decided to try them himself. He framed a charge against the accused persons under sections 323/324 RPC. They pleaded not guilty and vide order dated Dec. 27, 1977 prosecution was directed to adduce evidence,

(3.) FROM the record, it transpires that a judgment of Madhya Pradesh High Court (AIR 1967 May 49)) was brought to the notice of the Magistrate somewhere in 1974 and on July 30, 1974 he directed the prosecution to lead fresh evidence. Thereafter Prosecuting Officer for reasons not known tendered his witnesses for cross -examination making their examination -in -chief recorded during committal proceedings the basis. Even as no fresh examination -in -chief was conducted of these witnesses, the matter was allowed to proceed till Magistrate vide order dated Sept. 30, 1989 acquitted the accused of charge on the ground that cross examination of prosecution witnesses was no legal evidence to sustain charges against the accused.