ASHWINI KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) -This revision is directed against the order dated 15.5.2001 passed by the Addl. Sessions Judge (Court No. 7) Moradabad in Sessions Trial No. 448 of 1993, State v. Ashwini Kumar Sharma and others, under Section 302, I.P.C. by means of which the trial court has allowed the application moved from prosecution side for summoning witnesses under Section 311, Cr. P.C. It appears that in view of the circular letter issued by this Court, the trial court closed the prosecution evidence without examining Dr. S. U. Siddiqui, S.I. R. K. Punetha, Inspector-R. P. Singh and S.I.-B. N. Nigam. Thereafter an application was moved from prosecution side to summon the aforesaid witnesses under Section 311, Cr. P.C. as their evidence was necessary for a just decision of the case. By the impugned order, this application has been allowed. It may be relevant to mention here that the accused is facing trial in a double murder case of day light and prosecution has also produced injured Smt. Kumkum Sharma as P.W. 2, whose injuries were medically examined by Dr. S. U. Siddiqui. The evidence of Sub-Inspectors who have now been summoned pertains to investigation and their evidence is also necessary for just decision of the case.

(2.) LEARNED counsel for the applicant submitted before the Court that once the trial court had closed the prosecution evidence, it could not summon the aforesaid witnesses to fill up lacuna in the prosecution case.

(3.) FOR the above reasons, this Court finds no sufficient ground to make interference in the impugned order and this revision is thus liable to be dismissed. However, having regard to the fact that the trial is old one and the accused is in jail, the trial court is directed to conclude the trial expeditiously strictly on day-to-day basis in accordance with the provisions of Section 309, Cr. P.C. and shall make every endeavour to decide the same within two months from the date a certified copy of this order is produced before him.