OBEDAR RAHAMAN Vs. EMPEROR

JUDGEMENT

(1.) This rule has been issued upon two grounds. Ground 1 is that the provisions of Section 342, Criminal P.C., were not complied with and, therefore, the conviction is bad in law. The facts, in so far as they are relevant for our present purposes are that, on 16 May 1928, six prosecution witnesses were examined in chief and the accused was also examined. The charge was, thereafter, framed under Section 354, I.P.C., and the prosecution wanted to examine some witnesses. On 31 May 1928, the next hearing day, the prosecution examined one more witness and all the witnesses for the prosecution, eight in number, were cross-examined by the accused. Then the accused was examined, presumably under Section 342 and the Magistrate's order runs thus: Defence wants to examine six prosecution witnesses after this. Of them, the Sub- Inspector is to be resummoned. Others to come on personal recognizance. Accused as before. Defence will pay costs of all but the Sub-Inspector. Defence will bring in witnesses on next date.

(2.) On the next date, 14 June 1928, seven prosecution witnesses were cross-examined and the accused was again examined. Only one witness (the Sub-Inspector) was not in attendance, and, therefore, could not be cross-examined. He was examined on the next day of hearing, but no further examination of the accused was held. It is argued that the accused should have been examined under Section 342, after the examination of the Sub-Inspector and, as he was not so examined, his conviction must be held to-be illegal.

(3.) Section 342, Criminal P.C., has been interpreted by this Court in several cases and, in my opinion, has been too liberally construed. I do not think it will be profitable to discuss it any further. Section 342 says that, for the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court may at any stage of any enquiry or trial, without previonsly warning the accused, put such questions to him as the Court considers necessary and shall question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence.