MOHAMMAD HAYAT KHAN Vs. EMPEROR

JUDGEMENT

(1.) 1. This order will also govern Criminal Revision No. 327 of 1927. These oases arise out of a prosecution for an offence under Section 409, I.P.C. and for abetment thereof started against Muhammad Hayat Khan and Kamlal respectively oh the basis of information lodged by the Secretary, Municipal Committee, Khandwa, with the District Superintendent of Police, Nimar. The proceedings commenced on 25th March 1927, and ended in the convictions of both the accused. The Sessions Judge has also upheld them in appeal. Hence these revisions by the two applicants.

(2.) ON 3rd January 1928, the Advocate for the accused Muhammad Hayat Khan put in certain additional grounds and furnished a copy thereof to the counsel for the Crown. One of these grounds urges that after the examination of the accused there wa3 cross-examination of the prosecution witnesses, but that there was no further examination of the accused, and the judgment was, therefore, vitiated by breach of Section 342, Criminal P.C. As this question raises an important point affecting the legality, of the conviction, I think, I had better deal with it in the first instance. In order to understand the relevancy of the arguments addressed on this point, I think a resume of the proceedings of the trying Magistrate is necessary and I proceed to give it below.

(3.) ON that day the Magistrate recorded he following order in his order-sheet: Oa going through the record I have decided tot to examine the two Court witnesses at this tage. Accused are further examined. They also file their written statements. The defence recorded. Case for the 18th instant for filing certain documents by Mr. Mandloi.