Niyogi, J—This case is an off-shoot of Sessions Trial No. 11 of 1938, King-Emperor v. Sitaram Balaji Gaikwad, popularly known as the Chitnis Park Case in which one Sitaram Gaikwad was convicted of attempting to murder one of the Ministers of the Provincial Government in March 1938. That case was tried in the Court of the Additional Sessions Judge, Nagpur, before whom the applicant Sheoshankar came to be examined as P.W.3 on 12th July 1938. In the course of his deposition he averred: I and my friend the accused got separated and I noticed that the accused was surrounded by a hostile crowd. I rushed to his help and while I was trying to lift him up, the dagger fell down from the inner pocket of my coat. I picked it up with my right hand and caught hold of the accused with my left hand. When the people caught hold of me when they saw dagger in my hand, I raised my hand. In the meanwhile I saw the City Superintendent approaching towards me and I then handed over the dagger to him.

2. The Chitnis Park Case came up to the High Court on a reference by the Additional Sessions Judge and was heard by the Criminal Division Bench. That Bench was of the opinion that the aforesaid stateme