RATANLAL Vs. PRAHLAD JAT

JUDGEMENT

(1.) This appeal is directed against the order dated 22.5.2012 in S.B. Criminal Miscellaneous Petition No.1679 of 2012, whereby the High Court of Rajasthan (Jaipur Bench) has allowed the criminal miscellaneous petition filed under Sec. 482 of Code of Criminal Procedure, 1908 and has set aside the order dated 24.04.2012 passed by Additional Sessions Judge (Fast - Track), Sikar.

(2.) A charge sheet No.22 of 2009 dated 20.3.2009 was presented under Sections 302, 201, 342, 120-B Penal Code against respondent Nos.1 and 2 and three others. Charges have been framed under the aforesaid Sections against the accused persons. Statements of 28 witnesses have been recorded in the trial. The statements of Sawarmal and Chandri have been recorded as PW4 and PW5 respectively. Thereafter, both moved applications before the Sessions Judge under Sec. 311 of Crimial P.C. for re-recording their statements on the ground that the previous statements were made under the influence of the police. In the applications, the witnesses have stated that respondent Nos.1 and 2 had no role in the incident.

(3.) The Sessions Judge by the order dated 24.4.2012, dismissed the applications observing that the 28 witnesses had already been examined in the case so far. The witnesses were also cross-examined at length and it cannot be said that they were in any kind of pressure and that the applications were filed with a view to favour the accused persons. Prahlad Jat and Mahavir, the two accused persons, moved the petition before the High Court for quashing the said order and the High Court has allowed the applications of PW4 and PW5.