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2001 DIGILAW 1516 (RAJ)

Rajendra Kumar v. State of Rajasthan

2001-09-19

SUNIL KUMAR GARG

body2001
JUDGMENT 1. - This revision petition has been filed by the accused petitioners against the order dated 27.8.2001 passed by the learned Additional Sessions Judge, Sri Karanpur in Sessions Case No. 3/97 whereby the learned Additional Sessions Judge rejected the application dated 21.8.2001 filed by the accused petitioners under Section 311 Cr. RC. 2. It arises in the following circumstances : The accused petitioners are facing trial for offence under Section 302 I.P.C. in the Court of Additional Sessions Judge, Sri Karanpur in Sessions Case No. 3/97. During the trial, statement of PW. 17 Kashi Ram, the Investigating Officer was recorded on 31.7.2001. After that statement, the learned counsel for the petitioners came to know that on two documents, namely recovery memo Ex, P/35 belonging to accused petitioner Pradeep Kumar and recovery memo Ex. P/124 belonging to accused petitioner Rajendra Kumar, PW. 17 Kashi Ram was not cross-examined and, therefore, on 21.8.2001, an application was moved under Section 311 Cr.P.C. by the accused petitioners in the trial Court with a prayer that PW. 17 Kashi Ram may be recalled for just decision of the case. That application was rejected by the trial Court on 27.8.2001. 3. Against the order dated 27.8.2001, this revision petition has been filed. 4. So far as power under section 311 Cr.P.C. is concerned, the Court has ample power to summon any witness or recall any witness at any time even after evidence of both the sides is closed and that power should be exercised by the Court looking to the exigency of the situation and fair play and goods sense. 5. Since the accused petitioners are facing trail for offence under Section 302 I.P.C. which is a serious offence, therefore, if PW. 17 Kashi Ram, the investigating officer was not cross examined by them on two recovery memos Ex. P/35 and Ex. P/124, an opportunity should be given to the petitioners, as it would be helpful to the just decision of the case.For the aforesaid reasons, the present revision petition is allowed and the order dated 27.8.2001 passed by the learned Additional Sessions Judge, Sri Karanpur in Session Case No. 3/97 is set aside and application under Section 311 Cr.P.C. filed by the accused petitioners is allowed. The learned Additional Sessions Judge, Sri Karanpur is directed to recall prosecution witness PW. 17 Kashi Ram and the petitioners are thereafter directed to recross-examine that witness. *******