BHAGWAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the judgment dated July l,1991, passed by Sessions Judge Bikaner, by which the learned Sessions Judge directed the learned Munsif and Judicial Magistrate, Loonkaransar, to recall PW 9 Gyan Prakash, record his statement and tender the report of the State Forensic Science Laboratory in evidence.

(2.) PETITIONER Bhagwan Das was tried by the learned Munsif and Judicial Magistrate, Loonkaransar, for the offences under Sections 420, 460 and 473 I. P. C. The learned Magistrate, after trial, convicted and sentenced the accused for the offences under Sections 420, 460 and 473 I. P. C. "dissatisfied with the judgment dated March 27, 1987, passed by the learned Magistrate, convicting and sentencing the accused, the accused preferred an appeal before the learned Sessions Judge, Bikaner. In the course of arguments in appeal, it was noted by the learned Sessions Judge that though the reports dated 21-9-1983 and 12-10-83 of the State Forensic Science Laboratory were produced by the prosecution before the learned Magistrate, but they were not exhibited. In the course of arguments, it was agitated that as the reports have not been exhibited therefore, they cannot be read in evidence. It was further argued that the investigating officer PW 9 Gyan Prakash was examined on 20-6-83, but he did not prove these reports. The learned Sessions Judge, while exercising the powers under Sections 391 Cr. P. C, directed the learned Magistrate to recall PW 9 Gyan Prakash and tender the reports of the State Forensic Science Laboratory in evidence.