RAM GHULAM Vs. EMPEROR

JUDGEMENT

(1.) This is a reference for quashing an order of commitment under Section 215,. Criminal P. C.

(2.) The case started on a complaint of art offence under Section 363, I.P.C. The prosecution witnesses were examined and cross-examined. A charge was framed under Section 363. All the defence witnesses whom the accused wished to produce were also examined and cross-examined and the case was closed. When the case was put up for passing orders next day the Magistrate came to the conclusion that the evidence disclosed a prima facie case under Section 366, I.P.C. which is exclusively triable by the Court of Session. Acting under Section 347, Criminal P. C, the Magistrate framed a charge under Section 366, I. P. C and passed the commitment order which is the subject-matter of this reference.

(3.) The accused made an application complaining that he had been deprived of his right of further cross-examination of the prosecution witnesses and his right of producing further defence witnesses to disprove the amended charge. The learned Additional Sessions Judge held that the application was well founded and that the accused must be given an opportunity of further cross-examination and of producing further defence evidence before he could be committed for trial.