ISHAR SINGH Vs. SHAMA DUSADH

JUDGEMENT

(1.) On the complaint of one Muhammad Naseer the petitioners Ishar Singh and two others are being tried in two cases before the Sub-Deputy Magistrate of Nawadah, one under Section 379, I.P.C., and the other under Section 325, I.P.C. Originally there was one case, but the learned Magistrate separated the trial of the two offences. The prosecution evidence in both the cases was closed and some defence witnesses were examined. Thereafter certain incidents happened on which the petitioners have applied to this Court for the transfer of the cases to some other Court. In order to appreciate the grounds on which the transfer is sought, it is necessary to state some facts of the cases separately. Criminal Misc. Case No. 20 of 1936 arises out of the case under Section 379 and Criminal Mise. Case No. 19 arises out of the case under Section 325, I.P.C. Criminal Misc. Case No. 20 of 1936

(2.) In this case seven prosecution witnesses were examined on 14 March 1936, and they were cross-examined and discharged on 26 March 1936. The learned Magistrate fixed 14 April 1936 for examination of the defence witnesses. It appears that the accused made delay in filing the list of defence witnesses which they did on 8 April 1936. One of the witnesses namely Janki Rasik, was to be summoned from Ajodhya and a dasti summons was issued against him, that is to say summons was made over to the accused to serve it upon the witness.

(3.) On the 14 April the accused were examined under Section 342, Criminal P.C., and three defence witnesses were examined and discharged. The accused wanted adjournment, on the ground that Janki Rasik was not present. The Magistrate allowed Rs. 10 costs to the complainant and then again issued dasti summons against the witness at the risk of the accused and fixed the 20 April for his examination. On the 20 the witness again did not appear, and it is noted in the order sheet that accused did not wish to examine any more witnesses. Thereafter the 25 April was fixed for argument. On that date the Court Sub- Inspector applied that a charge under Section 75, I.P.C., be framed against one of the accused, Isri Singh. This was done and explained to the accused who did not admit the alleged previous conviction. The 22 April, was fixed for examination of witnesses to prove the alleged conviction. On that day the learned Magistrate examined one witness to prove the previous conviction and thereafter the accused filed an application for adjournment in order to enable them to move this Court for transfer of the case. This was refused, but later on, on a second application presented on the 24 April 1936, the learned Magistrate granted the adjournment and the application for transfer was filed in this Court.