BARMURA LALUNG AND ANR. Vs. JARA SINGH HAZARIKA

JUDGEMENT

(1.) THIS is a reference Under Section 438, Criminal P. C. from the learned Sessions Judge, Lower Assam Districts. The reference raises 2 questions which are as follows:

(2.) WHETHER failure on the part of the Magistrate to offer a chance to the accused to recall the prosecution witnesses as required Under Section 256, Cr.PC is a mere omission or irregularity curable Under Section 537, Cr. P. C?

(3.) THE prosecution examined 5 witnesses. One witness was examined on behalf of the accused. The prosecution witnesses were examined and cross -examined on 12 -9 -1952. The case was adjourned to 22 -10 -1950 for the statement of the accused and for examination of defence witnesses, if any.