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GOPAL KRISHAN SHARMA
Balbeer – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

G.K. Sharma, J. This petition u/s 482, Cr. P.C. is preferred against the order of Judicial Magistrate-Kotputli, dated 6th Ian., 89, by which, he rejected application of the accused -petitioner. .

2. A challan against the petitioner was submitted in the court of judicial Magistrate Kotputli, u/s. 411, IPC. The prosecution examined 6 witnesses and closed its evidence. The case was fixed for defence-evidence. At that stage, the accused on 22nd December, 1988 moved an application that the stolen ornaments alleged to be of silver, were not of silver but were made of gold, and in order to prove this fact he wanted to examine witnesses who were experts in the test of this material. For this purpose, the accused requested the Court to call for the ornaments and keep them in the court, so that, the witnesses of the defence might be able to identify the material of the laid ornaments. Reading the impugned order, It seems that the ornaments were recovered by the police, but they were not deposited in the court. It is very strange that the stolen ornaments were recovered by the police during investigation, but, at the time of filing of challan, they were not deposited in the court. It

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