KALI BILASH HAZRA Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by one Kali Bilash Hazra who has been convicted by the unanimous verdict of the jury under Section 471, I.P.C., and sentenced to two years rigorous imprisonment. There was also a charge under Section 193, I.P.C., in respect of which the accused was found by the unanimous verdict of the jury to be not guilty.

(2.) The only point which has been taken on behalf of the appellant is that the learned Additional Sessions Judge was in error in not allowing the accused further opportunity to examine two witnesses named Hari Das Banerji and Rai Rakhal Mandal, who were alleged to have been material witnesses for the purpose of the defence, and who, though duly summoned by the Magistrate, had failed to attend the Sessions Court on the date fixed for the hearing of the case. The relevant sections of the Criminal P. C. are Secs.211 and 291. Section 211 is as follows: (1) The accused shall be required at once to give in, orally or in writing, a list of the persons (if any) whom he wishes to be summoned to give evidence on his trial. (2) The Magistrate may, in his discretion, allow the accused to give in any further list of witnesses at a subsequent time etc.

(3.) Section 291 lays down: The accused shall be allowed to examine any witness not previously named by him, if such witness is in attendance; but he shall not, except as provided in Secs.211 and 231, be entitled of right to have any witness summoned, other than the witnesses named in the list delivered to the Magistrate by whom he was committed for trial.