BHANWAR LAL Vs. STATE

JUDGEMENT

(1.) THIS is an appln for transfer in a criminal case pending against the petnr in the Ct of the First Class Mag, Jaisalmer, for an offence under Section 406 of the Penal Code.

(2.) IT appears that the petnr had collected a sum of Rs. 101/- as subscription to the Congress funds from one Prem Raj Jetha of Bhadli, Jaisalmer but did not deposit it in the local Congress office. Somehow the matter reached the police who investigated into the matter & put up a challan under Section 406, Penal Code, before the First Class Mag, Jaisalmer. During the pendency of the case before the Mag, one Satya Deo, said to be the Secretary of the Jaisalmer Congress, was examined on behalf of the prosecution on 10-2-1950. During his examination he produced a receipt bearing the No. 204 & showing that the sum of Rs. 101/- had been deposited. After his statement was over & the witness had been discharged, has was asked to produce the receipt-book containing the receipt No. 204 but no date was fixed for his doing so. After the charge had been framed against the accused, the witness was, at the instance of the accused, re-summoned for his further cross-examination on 12-4-1950. On this date, the witness appeared but did not bring the receipt-book. After the witness had been re-cross-examined by the accused, the Prosecuting Inspector instead of re-examining the witness made an appln seeking permission for cross-examining him on the ground that the witness had been won over by the accused & that he had turned hostile as was clear from the fact that the witness had stated to the police that the accused had not deposited the amount with the Congress, while in the Ct he had deposed that Bhanwar Lal had deposited the money & passed a receipt of the amount which was produced by him, but did not produce in the Ct the receipt-book containing the receipt though he had been asked to produce the same. The learned Mag passed a long order on this appln of the Prosecuting Inspector & made an observation to the following effect: " Again, under such circumstances, 'it can be presumed that the witness Satya Deo was not producing papers in order to shield the accused Bhanwar Lal'. The appln of the Prosecuting Inspector for declaring the witness Satya Deo hostile is granted under Section 154, Evidence Act. "