JUDGMENT

Sulaiman, C.J. - The question referred to this Full Bench is whether a village chowkidar appointed under the Act is a Police Officer within the meaning of Section 25, Evidence Act. Now obviously there are two views which are open. As the word "Police Officer" has not been defined in the Evidence Act, one may understand by it what is understood in common parlance as indicating an officer belonging to the police force, or one may refer to the Police Act and Police Regulations for the purpose of ascertaining who is a Police Officer. Under Act 20 of 1856 a body of persons called chowkidars were those whose number and grade of salary had to be fixed by Magistrates and whose appointments were made by Magistrates under the control of the Commissioner. Their appointment, suspension and dismissal were not in the hands of the superior police authorities. Act 5 of 1861 defined the word "police" as including all persons who were enrolled under that Act. The superior officers were mentioned in Section 4, and then Section 7 provided that the appointment of all officers, other than those mentioned in Section 4, shall rest with the I. G., D. I. G., A. I. G., and S.P. Section 21 made the Ac