STATE Vs. SHEIKH MOHAMAD ABDULLAH

JUDGEMENT

(1.) THESE two petitions arise out of two orders passed by the learned Additional Sessions Judge, Jammu, trying the "kashmir Conspiracy Case". As the orders are interconnected, propose to decide them, by on ( common judgment. in fact, the main order which has been assailed by the State is the1 one passed in criminal revision No. 185 of 1963 being the order of the learned Additional Sessions Judge dated 911-1963. The other revision is against the order which has been passed in consequence to the order passed in Revision No. 185 of 1963.

(2.) THE facts giving rise to the present petitions may briefly be summarized as follows:-

(3.) THE learned Jutige has written a very elaborate judgment and has given cogent reasons for not exercising, his discretion in allowing the letters to be put in evidence. The learned Judge has pointed out that no regular application was filed by the prosecution asking the court to exercise its powers under Section 540 Cr. P. C. The-learned Judge has also commented on the conduct of the-prosecution in not producing these letters if they thought them to be very material in the case either before the Committing Magistrate or at the opening of the trial.