JUDGMENT

Chandramauli KR. Prasad, J. —

1. The short but important question of law which falls for our determination in the present appeal is as to whether protection under Article 20(3) of the Constitution is available to the appellant, who though not an accused in the police case in which he has been asked to depose as a witness but figures as an accused in the complaint case filed later on in relation to the same incident.

2. Bereft of unnecessary details, the facts necessary for determination of the aforesaid question are that informant Charudatta Pawar is alleged to have been assaulted by four persons in a Hotel in the night between 25th and 26th of April, 1996 and on the basis of the report given by him CR No.102/1996 was registered at Chalisgaon Police Station. During the investigation the appellant figured as a witness and his statement was recorded under Section 161 of the Code of Criminal Procedure. After investigation Chalisgaon Police Station submitted chargesheet against 4 accused persons named in the first information report on 24.5.1997. The said case, hereinafter referred to as the police case, is pending for trial before Judicial Magistrate, First Class, Chalisgaon.