JOHARUDDIN SARKAR Vs. EMPEROR

JUDGEMENT

(1.) One Gulu Mahmad, son of Toki accused another man of the same name as well as several Other persons with forging a mortgage deed for his land and being parties to the registration thereof. Gulu Mahmad and Basarat Ali were tried and convicted at the Sessions and their conviction was upheld by the High Court. Thereafter the Sessions Judge directed a further inquiry regarding others, who had been complained against. In the result "the present appellants, seven in number, were committed for trial on the 12th, December last, all of them except Joharuddin Sarkar for abetment of forgery, and Joharuddin Sarkar for an offence under Section 82(d) of the Indian Registration Act, a like charge, being also added against Kutub Ali Sarkar. The trial was fixed for the 3 February and on that day, after the assessors had been chosen, the accused through their pleader asked the Section sessions Judge to refer the case to the High Court for transfer on the ground that the Judge had previously convicted Gulu Mahmad and Basarat Ali. The Sessions Judge refused the application remarking that the pleader was unable to show that he had in any way prejudged the case. Another petition was then put in intimating that the High Court would be moved to transfer the case and asking for an adjournment.

(2.) This was refused and the trial was proceeded with After the case for the prosecution was closed two witnesses cited by the. accused Joharuddin were called. They were unable to testify to, any relevant fact and the case was then postponed to the 16 February, warrants being issued for ten witnesses cited by all the accused and who had failed to appear.

(3.) On the 16 February the defence was gone into and the trial concluded in the conviction of all the accused. During the interval between the 3 and 16 February no application was made to the High Court for a transfer of the case.