A trial court must provide an accused person with an opportunity to explain any circumstances appearing in evidence against them, and the admission of inadmissible evidence can prejudice the accused and vitiate the trial.

1. The facts, Riving rise to this reference, made by the learned Sessions Judge Mandi and Chamba Sessions Division, are as follows :- Chandi Dass, Narsingh Dass and Mahesh Dass were three brothers. Chandi Dass and Mahesh Dass have died. Shrimati Dawarku P.W. 1 is the widow of Chandi Dass. The petitioners are the sons of Mahesh Dass. Narsingh Dass had no issue. He was living with Chandi Dass.

2. Shrimati Dawarku P.W. 1 had sub milted an application to the District Magistrate, Chamha, alleging that a shop, situated in Muhal Sarol, belonging to Chandi Dass and was in his possession and that after his death, Narsingh Dass was in possession of the shop on her behalf. It was, further, alleged that the petitioners had taken forcible possession of the shop on the 9th September, 1962.

3. The above application and another application submitted by Shrimati Dawarku were forwarded to the police. After investigation, the police put up a challan, under S. 448 I.P.C., against the petitioners.

4. The petitioners denied the charge, levelled against them. They pleaded that the shop, in dispute, was jointly owned and possessed by the three brothers - Chandi Dass, Narsingh Dass and Mahesh Dass - and that the petitioners had not taken forcible possession of the shop on the 9th September, 1962.

5. The Magistrate, who had tried the case, held that the shop, in dispute, was exclusively owned and possessed by Chandi Dass and that the petitioners had taken forcible possession on the 9th September, 1962 and had, thus committed house trespass. He convicted the petitioners, under S. 448 I.P.C., and sentenced them to pay a Fine of Rs. 40 each. He also ordered that the possession of the shop be res-stored to Shrimati Dawarku P.W. 1.

6. Aggrieved by the order of the Magistrate, the petitioners went up in revision to the learned Sessions Judge, questioning their conviction and the order for restoration of possession of the shop. The learned Sessions Judge has reported to this Court that the order for the restoration of possession of the shop may be vacated but the conviction of the petitioners, under S. 448, I.P.C. should be maintained.

7. The learned counsel for the petitioners contended that the conviction of the petitioners was, also, liable to be quashed as the trial of the petitioners had been vitiated, on account of illegalities, committed by the trial Court. The learned counsel pointed out that the trial Court had got produced a very material piece of evidence, which adversely affected the petitioners, through a Court witness but, they were not examined, with reference to that evidence, and were not afforded an opportunity to lead evidence, in rebuttal. The failure of the trial Court, in this respect, according to the learned counsel, had seriously prejudiced the petitioners, caused miscarriage of justice and had vitiated their trial. The contention, raised by the learned counsel for the petitioners, appears to have force. After the close of the prosecution and defence evidence, the trial Court examined Ram Chand, Office Kanungo, as a Court witness. Ram Chand produced Ex. CW 1/A and Ex. CW 1/B. Ex. CW 1/A is a copy of a mutation, whereby the names of Narshing Dass and Mahesh Dass were removed from the revenue records, with respect to the shop, in dispute, and it was recorded as exclusively owned and possessed by Chandi Dass. As already stated, the plea of the petitioners was that the shop, in dispute, was jointly owned and possessed by the three brothers - Chandi Dass, Narsingh Dass and Mahesh Dass. This plea received support from the entries in the document Ex. PD, produced by the prosecution itself. Ex. PD is a copy of the Jamabandi for the year 1960, with respect to the shop, in dispute. According to the entries in Ex. PD, the shop in dispute, was in the joint ownership and possession of Chandi Dass, Narsing Dass and Mahesh Dass. The mutation Ex. CW 1/A superseded the entries in Ex. PD and removed the names of Narsingh Dass and Mahesh Dass, from the r