Court : Gujarat
Decided on : Jan-17-1953
Reported in : 1953CriLJ1307
Shah, C.J.1. This reference raises an important question of law on which there is a divergence of opinion amongst the High Courts in India. The applicant Narotamdas Shah was prosecuted for defamation under Section 500, Penal Code, in the Court of the First Class Magistrate, Junagadh. After some prosecution witnesses were examined the Magistrate was transferred and was succeeded by another Magistrate, and the accused having then demanded that the witnesses be resummoned and reheard, the learned Magistrate held that under Clause (a) of the proviso to Section 350(1), Criminal P.C., an accused person can demand resummoning of witnesses as a matter of right in a trial and not in an enquiry, and that the case against the accused was only at the stage of an enquiry inasmuch as the charge had not been framed, and he, therefore, refused to resummon the witnesses. The accused having applied in revision, the Sessions Judge was of the opinion that the Magistrate's order was not correct and he made...
Tag this Judgment!Court : Gujarat
Decided on : May-02-1953
Reported in : 1953CriLJ1531
Shah, C.J.1. This is an application for a certificate under Article 134(1)(c) of the Constitution of India. The petitioner, who was accused in the case, was tried along with five others, for offences of dacoity and grievous hurt under Sections 395 and 326, Penal Code, and was convicted by the Additional Sessions judge, Gondal, and on appeal the conviction of the petitioner and accused 2, 3 and 6 was confirmed, while accused 4 and 5 were acquitted by this Court. All the accused were also charged under Section 19(e), Arms Act, but en this charge they were acquitted by the Additional Sessions Judge himself. The petitioner now wants a certificate that his case is a fit one for appeal to the Supreme Court.2. The facts necessary for appreciating the points urged in support of this application briefly stated are that accused 1 and the remaining accused and the deceased dacoit Devayat had, on 9.1.1952, planned a dacoity to be committed at Rib, a village about 13 to 14 miles from Rajkot, and th...
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