SHAM SUNDER Vs. STATE

JUDGEMENT

(1.) During the course of the arguments being addressed in the regular Criminal Appeal, the present application has been moved by the State for permission to tender in evidence the supplementary CFSL report as well as to examine a link witness Constable Sukhpal who had taken the samples from the Moharrar Malkhana and had deposited the same with the CFSL office.

(2.) The short question which arises for consideration is whether this Court, at this stage, should permit such evidence to be taken which obviously is very material evidence for deciding the case. The powers which have been given to the Court are coughed in Sections 311 and 391 of the Criminal Procedure Code. These Sections are reproduced as follows :-

(3.) It is evident from the very reading of these provisions that the Court has power to examine any witness at any stage of the case if the evidence appears to the Court to be essential to the just decision of the case.