ALIAS RAM PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants accused being aggrieved by the order dated 11-1-2001, passed in Sessions Trial No. 7/2000, by the learned Additional Sessions Judge, Surajpur, granting the application of Sukul Ram and Prabhu Ram for their examination as witnesses, have come to this Court.

(2.) The prosecution case in brief is that the present applicants had committed murder of certain persons and as the eye-witness account was available against them, they were liable to be prosecuted. During the course of the trial, number of witnesses were examined. On 2-11-2000 Sukul Ram and Prabhu Ram, referred to as the proposed witnesses made an application duly supported with an affidavit that they are material witnesses of the trial, therefore, and as they had seen the accused persons committing the offence, their statements be recorded in the trial. The application was opposed by the present applicants, but the learned trial Court granted the application and directed that the two persons be examined as witnesses.

(3.) Shri R.S. Singh, learned counsel for the applicants submits that as the witnesses already examined by the prosecution do nowhere say that the proposed witnesses were near the spot or had seen the incident or could witness the incident, they could not be examined as additional witnesses under Section 311, Cr.PC. He also submits that unless the Court records finding that the witnesses are material witnesses and their examination is required for just and proper disposal of the matter, the persons cannot be examined as witnesses. Referring to the inquest of the dead bodies, he submits that Sukul Ram and Prabhuram were present at the time of inquest but as they did not narrate anything to the police it must be held that they are concocted and brought-up persons. It is lastly submitted that the prosecution did not make any application for their examination and as they have voluntarily offered themselves as witnesses, they cannot be examined as witnesses.