judicial verdict and verdict of the police

957 SCC OnLine Bom 112 : AIR 1958 Bom 335 : (1958) 60 Bom LR 107 : 1958 Cri LJ 1134

J2

In the High Court of Bombay

Before Shelat and Miabhoy, JJ.

Dattatraya Dulaji Ghadigaonkar and another … Petitioners;

Versus

Wadilal Panchal … Accused-Opponent.

In the case before us, as many as four witnesses on behalf of the complainant gave their statements before the police and laid before them a certain version which, no doubt, was disbelieved by the learned Magistrate upon the ground that it was in conflict with the testimony of Dr. Mehta in the Inquest Proceedings. As against that version, there were statements made before the police by certain persons laying the version of the respondent. In view of that conflict of versions between these two sets of witnesses, who had given their statements, we would adopt the language of the learned Chief Justice and say that here is a case where it would not be proper for the learned Magistrate to dismiss the complaint under S. 203. It cannot, in our opinion, be said that this is not a case where there ought not to be a judicial trial and a judicial verdict.