GOLAM BARI GAZI Vs. YAR ALI KHAN

JUDGEMENT

(1.) THE learned vakil appearing on behalf of the Opposite Party seeks to justify the remark which was noted in the deposition of P.W. No. 2 by a reference to the provisions of Section 363, Cr. P.C. That section no doubt empowers a Magistrate to record such remarks, if any, as he thinks material respecting the demeanour of such witness whilst under examination. THE remark in question is in these words: -" THE witness falters and from his demeanour it appears that he has not told the truth." It is clear that so far at any rate P.W. No. 2 is concerned, the witness has been altogether disbelieved by the Magistrates and they have taken the trouble of recording the fact while recording the deposition of the said witness. This in our opinion is a matter which must be taken into consideration in determining whether the case should go on before the Magistrates any longer. We think that on the whole it is desirable that the case should be transferred to the file of some Magistrate other than the learned Honorary Magistrates who have dealt with it, and we order accordingly.

(2.) THE Rule is made absolute.