EMPEROR Vs. BASAPA NINGAPA

JUDGEMENT

(1.) This is an appeal by one Basapa Ningapa who has been convicted by the learned Sessions Judge of Bijapur of the offence of using as genuine a forged document and has been sentenced to three years rigorous imprisonment.

(2.) The Assessors agreed that the appellant was guilty of the offence charged.

(3.) The difficulty which confronts us in taking the view which was adopted by the learned Judge of trial arises from the manner in which the trial was conducted. There are several passages of importance in the judgment which we are unable to refer to any evidence upon this record. And though the learned pleaders on both sides have done their best to assist us in this respect, none of them is able to justify these particular passages by reference to any recorded evidence. It would seem that the learned Judge allowed himself to refer to matters appearing in other litigation, but not produced and proved upon the present record as they should have been, if they were to be used against the prisoner.