NARESH KENWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

(2.) This revision has been preferred against the order dated 22.6.2018 passed by 5th Additional Sessions Judge, Bilaspur in Sessions Trial No.161 of 2016, whereby the Additional Sessions Judge has allowed the application under Section 311 of the Code of Criminal Procedure filed by the prosecution and has summoned one witness, namely, Dr. Rani Kesari.

(3.) According to the prosecution, marriage of the present Applicant was solemnised with Triveni Kenwat on 25.5.2014 and thereafter on 5.2.2016 she consumed poison and was immediately hospitalised by the present Applicant in CIMS, Bilaspur where she remained admitted upto 11.2.2016. Thereafter, during the course of treatment at Apollo Hospital, Bilaspur, she died on 16.2.2016. It is the further case of the prosecution that on 9.2.2016, dying declaration of Triveni Kenwat (deceased) was recorded by Naib- Tahsildar Narendra Kumar Banjara. On completion of the investigation, a charge-sheet was filed against the present Applicant as well as other co-accused persons and trial is going on. On 21.6.2018, an application under Section 311 of the Code of Criminal Procedure was filed by the prosecution for summoning prosecution witness Dr. Rani Kesari on the ground that Dr. Rani Kesari had given an opinion on 9.2.2016 that the patient is fit for giving statement at present and, therefore, her statement is essential. Vide the impugned order dated 22.6.2018, the Trial Court allowed the application of the prosecution and summoned Dr. Rani Kesari. Hence, this revision by accused Naresh Kenwat.