KASAN Vs. STATE

JUDGEMENT

(1.) Petitioner/accused in SC 88 of 1994 on the file of learned I Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Coimbatore, has filed the revision aggrieved against the order passed on 11-1-99.

(2.) The case in brief is as follows :

(3.) Learned counsel for the petitioner contended that the reasons given by the trial Court for recalling the Investigating Officer to produce the death extract of the Sub-Inspector at the stage of delivering judgment is illegal and cause prejudice to his case. The trial Court cannot plug the loopholes of the prosecution case in the guise of recalling the witness by using the discretionary power of the Court. Several important and vital witnesses were not examined by the prosecution and the same was totally ignored by the trial Court. The trial Court ought to have drawn an adverse inference if the prosecution witnesses had failed to produce the death extract. The trial is pending before the Court for the last one year. At any rate, Section 311 of the Code of Criminal Procedure ought not to have been used by the trial Court.