KOLI MALDE KARSAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is directed against the order dated 20-8-1991 passed by the Addl. Sessions Judge, Junagadh below Exh. 51 filed in Sessions Case No. 24 of 1991 whereby the application of the applicantsaccused (hereinafter referred to as the accused) is rejected.

(2.) Short facts which lead to file Exh. 51 are as under : There was melee in locality called Vadhia Sherion, Tal. Mangrol between two groups. One group was of Koli Malde Karsan and others. Other group was of Arsi Devsi, Deva Rajde and others. Persons of both groups were injured. One person on Arsi Devsi side succumbed to the injuries. Both the sides filed cross-cases against each other. Complaint filed by Arsi Devsi was registered as C.R. No. 102 of 1990. Complaint filed by Koli Malde Karsan was registered as C.R. No. 103 of 1990. The offences were registered in the same Police Station of Shil, Taluka Mangrol, District Junagadh. On completion of investigation charge-sheet was submitted in both the cases and they were committed to the Court of Sessions. Sessions Case No. 24 of 1991 and Sessions Case No. 71 of 1991 arise from Crime Register No. 102 of 1991 and 103 of 1991 respectively, on the file of Sessions Judge at Junagadh. Thus it is clear that accused in one case are witnesses in the other. To be precise for the purpose of this revision application, Arsi Devsi and Deva Rajde accused in Sessions Case No. 71 of 1991 are witnesses in Sessions Case No. 24 of 1991 which is now on trial. As the said Arsi Devsi and Deva Rajde were to be examined as witnesses for prosecution, the defence Advocate gave an application Exh. 51 on 8-8-1991, to direct the Investigating Officer of the case to produce before the Court the statements of Arsi Devsi and Deva Rajde recorded in C. R. No. 103 of 1991, despite they being accused in that case.

(3.) The learned Judge rejected that application on the ground that the statements on which the defence wants to rely are the statements of the accused in that case and therefore the same cannot be permitted to rely.