RAN MAMUD SARKAR Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by five persons against their conviction and sentence by the Additional Sessions Judge of Rangpur under Secs.147 and 148 and of appellant 1 under Section 304 (ii), I. P.C., also. Mr. Chatterjee has raised several grounds in appeal but it is enough for our present purpose to refer to one of them and that is that the learned Sessions Judge did not give the defence an opportunity of examining one of the witnesses whom the appellants had named in the list of witnesses submitted by them to the committing Magistrate. It appears that the appellants named one Jadunath Ghose as a witness for the defence in the list filed by them before the committing Magistrate. The trial began on 12 November 1929. We do not know if he was present on that day, but he was not apparently present on 14 November. The appellants made an application to the learned Judge that the witness was not in attendance on that day and it was intimated that on account of the illness of his son-in-law he had gone over to Rajshahi; it was prayed that a wire might be sent directing him to appear by the 16 instant at the latest; and in. the event of such witness not coming up, it was said that it might be necessary for the defence to ask for an adjournment. On this application the order passed by the learned Judge was: The case is going to be closed by tomorrow and it cannot be postponed. The application is rejected.

(2.) On the following day, that is, on the 15th, another petition was put in on behalf of the defence for calling this witness and some other persons as witnesses for the defence. The learned Sessions Judge passed the following order upon it: Heard pleaders for both sides. The application does not appear to be bona fide. The case cannot be postponed. The petition is rejected.

(3.) In the order sheet of 14 November the following order appears to be recorded: The defence puts in another petition praying for sending a wire to one Jadunath Ghose who has been cited and summoned as a defence witness directing him to appear here by Saturday the 16 instant. He is in the Rajshahi District. The case is going to be closed by tomorrow and it cannot be postponed. The application is rejected.