STATE OF RAJASTHAN Vs. ABDUL AZIZ

JUDGEMENT

(1.) THIS is an application in revision by the State against the order of the learned seasions Judge, Jodhpur, dated 15-4-1957.

(2.) THE facts giving rise to it are that one Abdul Aziz was challaned by the police for offences under Sections 231, 232, 234 and 235 I. P. C. After preliminary enquiry, the City Magistrate, Jodhpur, committed him to the court of the Sessions Judge, Jodhpur, where the trial is proceeding. During the course of the trial, learned counsel for the accused requested the learned Sessions judge to summon and examine the Deputy Bullion Registrar and Coin Expert, india Government Mint, Bombay. The application was contested by the Public prosecutor on the ground that his statement which was recorded. in the committing magistrate's court under Section 510, Cr. P. C. could be admitted in evidence under Section 33 of the Evidence Act, that his report could also be used in evidence under Section 510 Cr. P. C. and it was not necessary to summon him. The learned Judge, however, held that Section 510 Cr. P. C. , as it is amended now, gave a right to the accused to call the said witness in The court and, therefore, he allowed the request of the defence counsel on 8-3-57 and ordered summons to be issued to the said witness. In response to the summons issued by the court, the Master of the Mint wrote back saying that the Deputy Bullion registrar and Coin Expert could not be spared due to urgent Government work and that his evidence could be recorded on commission as is usually done in all such cases. Thereafter, the learned Sessions Judge passed an order on 15-4-57 for issuing commission to examine the said witness, but at the same time, it was directed by him that the Government should pay the expenses of the counsel for the accused for going to and coming back from Bombay. It is against this part of the order that the present revision application has been filed.

(3.) LEARNED counsel for the accused has not cared to appear in this Court.