Code of Criminal Procedure, 1973–Sec. 391–Penal Code, 1860–Sec. 376–Appeal against the findings of conviction–Plea of the appellant that he was on duty as the driver of train on the dates of offence stated by the prosecution–He produced the communication sent by the railway which showing him on duty–He also filed the certified copies of duty charts of these dates–Though the respondent-State did not question the genuineness of these document, however, for taking the correct and conclusive view in regard to
the presence of appellant on duty, it would be appropriate to summon the original record maintained by the Northern-Western Railway–Ordered accordingly.
