Trevelyan and Rampini, JJ.
1. In this case it appears that the co-accused called certain witnesses. The case of the co-accused was one we think adverse to that of the applicant before us. The applicant before us says that he applied to be allowed to cross-examine those witnesses, but was not allowed to do so. The statement that he was not allowed to do so is made on affidavit, and is not contradicted by the Deputy Magistrate. We think there might be many cases of failure of justice if a co-accused were not allowed to cross-examine witnesses called by a person whose case was adverse to his, for the effect might be, practically, that a Court might act upon evidence which was not subjected to cross-examination. The Evidence Act gives a right to cross-examine witnesses called by the adverse party. That being so, we set aside the conviction and sentence, and direct the Deputy Magistrate to recall those witnesses who had been called by Natoo Behari Chatterjee, and give the applicant before us an opportunity of cross-examining those witnesses. He will then reconsider the case with reference to such evidence as may be elicited by such cross-examination, and dispose of it according to law. As no other witnesses were tendered than those examined, we do not think it right to allow other witnesses to be called.