Judgment Heard Mr. Karan Singh Gour, learned counsel for the applicant and Ms.Sangeeta Jachak, learned Additional Public Prosecutor for non-applicant/ State. 2. ADMIT. 3. Heard finally by consent. 4. The applicant is facing trial for the offence punishable under Section 302 of the Indian Penal code for allegedly setting his wife on fire. The trial is about to conclude as the same is now fixed for final arguments. At this stage, the applicant had moved the learned trial Court for production of entire medical record of the deceased when she was admitted at Mayo Hospital (Indira Gandhi Medical College), Nagpur as indoor patient. The applicant had also prayed for production of station diary entry in which the intimation given by D.W. No.1 to the Police Station was recorded. The applications Exhs. 78 and 80 have been rejected by the trial Court. 5. It is submitted by Ms. Jachak that it is too late for the applicant to move the trial Court for production of the documents. Ms. Jachak strongly opposed the prayer on the ground that the applicant was given sufficient opportunity at the time of recording of his statement under Section 313 of the Code of Criminal Procedure. The applicant had also examined one defence witness and had declared before the trial Court that he had no more witnesses to be examined. 6. It is true that the prayer is made at very belated stage. However, considering the serious nature of the offence and the evidence of D.W. No.1, the prayer should have been considered by the learned trial Court seriously. The learned trial Court should have realized that D.W. No.1 has stated in his evidence that when the deceased was brought to the hospital she has stated before him that she caught fire accidentally from the kerosene stove. This statement of the deceased was sent to the concerned Police Station by writing a memo to the Police Station. The station diary entry in respect of receipt of the said memo has been made at Khaperkheda Police Station. The learned trial Court should have also realized that the defence of the applicant is of accidental fire. The applicant, therefore, should have been given fair opportunity to defend himself. 7. Section 311 of the Code of Criminal Procedure gives ample powers to the trial Court to summon any witness at any time. The learned trial Court should have also realized that the defence of the applicant is of accidental fire. The applicant, therefore, should have been given fair opportunity to defend himself. 7. Section 311 of the Code of Criminal Procedure gives ample powers to the trial Court to summon any witness at any time. In fact, second part of Section 311 enjoins upon the trial Court that once the Court comes to a conclusion that the evidence of a particular witness is necessary for just and proper decision of the case, the trial Court is under obligation to summon the said witness. 8. Considering the facts and circumstances of the case, it is very apparent that the evidence of the Medical Officer, who was present at the time of admission of the deceased in the hospital and who had made first indoor patient entry, is very relevant as it will disclose history given by the deceased to the Medical Officer. At the same time, the station diary entry is also having great importance in the present case as it will reveal the nature of the intimation received from D.W. No.1 by Khaperkheda Police Station. 9. Considering the serious nature of the offence it was not proper on the part of the learned trial Court to reject the application on some technical grounds. Hence, I pass the following order : (i) Order dated 20.02.2012, passed below Exhs. 78 and 80, by learned Sessions Judge, Nagpur in Sessions Trial No. 225 of 2010 is hereby set aside. The learned trial Court shall allow the applicant to file copies of documents received by him under the Right to Information Act. (ii) The learned trial Court shall issue summons for production of the original indoor patient record of the deceased from Mayo Hospital (IGMC), Nagpur. The learned trial Court shall also issue summons for production of the original station diary in respect of the memo received from D.W. No.1 by Khaperkheda Police Station. (iii) The pending applications, for issuance of summons to the witnesses, shall also be decided by the learned trial Court in the light of observations made herein above. (iv) Probative value of the evidence, of course, will be decided by the trial Court without being influenced by the observations made in this order. The application, accordingly stands disposed of. Interim order, if any, shall stand vacated.