STATE OF UTTARAKHAND Vs. TILAK SETH AND OTHERS

JUDGEMENT

(1.) HEARD learned counsels for the revisionist as well as learned counsels for the respondents.

(2.) THIS revision has been filed by the State of Uttarakhand challenging the or­der of the trial Court dated 15.5.2010 by which three applications, numbered as 148B, 149B and 150B moved by the prosecution under Section 311 Cr.P.C., 73 of the Indian Evidence Act, 1872 and 311 of Cr.P.C., respectively, were dis­missed in Sessions Trial Case, No. 463 of 2004 State Vs. Tilak Seth and others. The trial was relating to an offence under Sec­tion 302 read with 120B IPC.

(3.) THIS case springs from an order passed during the ongoing proceedings in a session trial No. 463 of 2004. The inci­dent took place in the year 2000, in which there were seven accused. The prosecution by the year 2010, had already examined a number of prosecution witnesses. What is material before this Court is the exami­nation of P.W.6 who was an eye witness to the murder. The case of the prosecu­tion is that P.W. 6, Udai Bhan, had come to the Court on 24.8.2004, which is proved by his signatures which are on the records of the Court. It is also the case of the prosecution that in December, 2003, an affidavit was given by Udai Bhan P.W. 6 stating that he must be examined as a witnes's at the earliest, as there is tremendous pressure upon him to turn hostile. It was in that connection that he had come to the court on 24.8.2004. Unfortunately this P.W. 6 was examined for the first time as late as on 7th Janu­ary, 2010. The examination-in-chief of P.W.6 commenced on 7th January, 2010 and the same day his cross-examination also started. While deposing before the Court P.W.6 denied having made any statement to the Police as alleged, under Section 161 of Cr.P.C. He further denied that he had seen the incident. He also denied that he was present in the Court on 24.8.2004 or that he had given any af­fidavit in December, 2003. In short this witness (P.W. 6) had turned hostile. The last cross-examination on this witness was done on 20.1.2010. A certified copy of the statement of P.W.6 is made a part of the record and marked as Annexure-D.