GHISA RAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Registry to number the appeal.

(2.) The Appellant's father filed a complaint through the Appellant as his attorney before the learned Metropolitan Magistrate against Respondent Nos. 2 to 4 for offences punishable under Sections 419/420/468/ 471/457/ 379/506/120B/34 IPC. Along with the complaint no list of witnesses was filed. At the stage of pre summoning and pre charge evidence only one witness Ghisa Ram that is the father of the Appellant was examined. However, at the post charge stage before he could be cross examined Ghisa Ram expired. After the death of the Complainant his attorney, that is, the present Appellant Madan Lal filed an application stating that he wishes to prosecute the present case. This application of the Appellant was dismissed on the ground that the applicant was neither cited as a witness nor he has ever appeared as the witness at the pre-summoning or pre charge stage. It was further held that in the absence of the complainant Ghisa Ram no other person can appear in the witness box to prove the alleged offence against the accused persons. Thus while dismissing the application of Madan Lal, the Appellant herein the application of Respondent Nos. 2 to 4 to close the complaint was allowed and Respondent Nos. 2 to 4 were acquitted.

(3.) The short issue which arises for consideration is that after the demise of the Complainant whether his attorney/legal heir could enter into the witness box and prove the charge against the Respondents.