JAGESHAR Vs. EMPEROR

JUDGEMENT

(1.) A complaint was instituted on 16 March 1929 by one Jageshar Chamar under Section 323 and 426, Indian Penal Code and Section 24, Act 1 of 1871 against Umar Khan, Muhabat Khan and Talib Khan in the Court of Munshi Nazir Ahmad Abbasi a Deputy Magistrate with First Class powers. Mr. Abbasi is a Sub-Divisional Magistrate in the district of Mirzapur. On the very day that the complaint was instituted, he transferred the case to Mr. Lakshmi Chand Raizada, a Special Magistrate with Third Class powers for the disposal of the case. The complaint was registered in the Court of the Special Magistrate on 2 April, 1929. The complainant and his witnesses were examined on 16 and 24 April 1929. The accused were represented by counsel. The accused had an opportunity to cross- examine the witnesses for the prosecution and they fully and freely availed themselves of this opportunity. In the course of the cross-examination no attempt whatsoever was made by the accused to put any question either to the complainant or to the witnesses as may be suggestive of the fact that the complaint was inspired by one Afzal Khan who is alleged to be a servant of the Maharaja of Benares. It has not been stated and it has not been disclosed by the record that Mr. Lakshmi Chand Raizada during the progress of the proceedings before him had betrayed any leaning towards the prosecution and against the accused or had raised any difficulties which might be calculated to prejudice the defence.

(2.) Before the charge was framed, all the three accused were examined. The Magistrate pointedly put a question to the accused as to what could be the reason of the complaint being preferred against them. The answer was that the complainant was the asami and the ploughman of one Raj Bahadur Khan who was on terms of enmity with the accused and that the accused persons were the victims of this enmity. It is remarkable that in the statements of the accused there is not a breath of a whisper that Jageshar was not the real complainant in the case and that the real complainant was one Afzal Khan who bore a grudge against the accused.

(3.) The charge was framed on 22 April, 1929.