PRITHVI SINGH Vs. RANDHIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has challenged the order passed by the High Court affirming the order of the Magistrate whereby the Magistrate had rejected an application moved by the appellant for permission to lead additional evidence under Section 311 of the Code of Criminal Procedure (hereinafter referred to as "the Code").

(3.) Nirmala, the daughter of the appellant was married to Respondent 1. The marriage did not prove to be successful. The couple has separated. There are allegations of harassment of the daughter of the appellant for dowry, etc. An FIR was lodged by the appellant on 14-8-1997 against Respondent 1 alleging various offences under Sections 498-A, 506, 406 and 494 IPC etc. The FIR contains allegations about the accused having married another girl named Manju during the subsistence of the marriage with Nirmala, daughter of the appellant complainant. It is further alleged that the accused has a child also from the marriage with Manju. No charge appears to have been framed under Section 494 IPC although charges have been framed under Sections 498-A, 406, etc. IPC. Through his application for permission to lead additional evidence the appellant wanted to produce evidence before the trial Magistrate regarding the alleged second marriage of the accused with Manju and a child having been born from the second marriage. Relying upon Section 311 CrPC the learned counsel for the appellant argued that the said provision permits examination of material witnesses at any stage of enquiry, trial or other proceedings under the Code. This includes power to recall and re-examine any person already examined. There is also power to summon and examine any person whose evidence appears to the court to be essential for the just decision of the case.