STATE OF GUJARAT Vs. VISHESHBHAI KALI CHHAGANBHAI GANGAVANE

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the State of Gujarat seeks to challenge the legality and validity of the order dated 8th April, 2013 passed below exhibit- 91 in Sessions Case No. 2 of 2012 by the learned Additional Sessions Judge, Tapi at Vyara and order dated 6th June, 2013 passed by the learned Additional Sessions Judge, Tapi at Vyara below exhibit-103 in Sessions Case No. 2 of 2012.

(2.) It appears that the respondent-original accused has been charged with the offence punishable under sections 364(A), 302 and 201 of the Indian Penal Code. In the course of the investigation, the police got few statements of the witnesses recorded under section 164 of the Code of Criminal Procedure through the learned Judicial Magistrate, First Class. In the course of the trial, an application exhibit-103 was filed by the State praying to issue summons for the purpose of examining the learned Judicial Magistrate, First Class who had recorded the confessional statements of those witnesses under section 164 of the Code of Criminal Procedure.

(3.) It appears that the learned Additional Sessions Judge rejected such a prayer on the ground that there was no need to examine the learned Judicial Magistrate, First Class since the witnesses whose confessional statements were recorded under section 164, had supported the case of the prosecution. It is not in dispute as recorded by the learned Additional Sessions Judge himself that those witnesses were not declared hostile and, therefore, there was no question of contradicting those witnesses with their confessional statements.