VISHWAMITRA Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned District Magistrate, Chhittorgarh and arises under the following circumstances.

(2.) IN a case under sec. 326 and 304 of the INdian Penal Code, Dr. Vishwamitra was required to appear as a witness for the prosecution in the court of the learned Sub Divisional Magistrate, Begun. He failed to appear on 14. 6. 61, 13. 7. 61 and 22. 11. 61 despite the service of summons on him. The learned Sub Divisional Magistrate was therefore, forced to issue a bailable warrant against the witness requiring him to attend his court on 11. 12. 61. On the same date a notice requiring the witness to show cause why he should not be punished for not attending the court on the aforesaid dates as required by sec. 485 A of the Code of Criminal Procedure was issued to him. The witness appeared in the court on 11. 12. 1961 and the learned Sub Divisional Magistrate who had taken cognisance of the offence recorded the statement of the witness. He was questioned as to why he should not be fined for his not attending the court on 14. 6. 1961, 13. 7. 61 and 27. 11. 61 inspite of service of summons on him and he replied that he was unable to say anything in that connection. He was asked whether summons marked Exs. P1, P2 and P3 were served upon him and he replied in the affirmative. For his non-attendance in the court on 27. 11. 61 he gave an explanation that because he was required to attend a surgical camp at Pisangan, he could not attend the court in obedience to the summons. But with regard to his non-attendance on 14. 6. 1961 and 13. 7. 61 he did not give any satisfactory explanation. The learned Sub Divisional Magistrate was not satisfied with the explanation given by the witness and holding that the absence of the witness on the aforesaid dates was without just excuse, imposed a fine of Rs, 31 upon him.