RAM JEET Vs. STATE

JUDGEMENT

(1.) This revision raises two important questions with, regard to the scope of Section 540 of the Code of Criminal Procedure. The facts are briefly these. Ramjeet and others were tried before the Sessions Judge of Jaunpur for riot, murder and allied offences. In accordance with the recent amendment in the Code, the trial was by the Judge sitting alone. After the entire evidence had been recorded, arguments were heard and concluded on the 10th November, 1956, and the learned Judge fixed the 21st November, 1956 for the pronouncement of judgment. But when he sat down to prepare the judgment and gave a thorough consideration to the evidence on the record it appeared to him that for the just decision of the case the evidence of certain persons who had not been examined hitherto was essential. Hence on the 21st November the date originally fixed for the delivery of judgment he decided to summon and examine those persons under Section 540, Cr. P. C. The defence counsel objected that this could not be done under that provision of the Code, whereas the Public Prosecutor argued the reverse, and both learned counsel cited decisions in support of their respective view points. The learned Judge after considering the rival arguments held that Section 540 gave him jurisdiction to act in the manner that he had done, and accordingly he re-affirmed his order for the examination of the witnesses concerned. Aggrieved by that order the accused persons came to this Court in Revision, and before the learned single Judge the contentions advanced before the Sessions Judge were repeated. Finding that there was a conflict of judicial authority on the controversial point the learned Judge referred the case to a Division Bench. It is now before us for decision.

(2.) Two points have been raised on behalf of the accused applicants: first, that the examination of fresh evidence was tantamount to making good lacunae in the prosecution case hence was not justified under the provisions of Section 540 Cr. P. C.; second, that the trial terminated with the conclusion of the arguments, hence under that section the Court had no power to call fresh evidence.

(3.) The contention that Section 540 of the Code cannot be used for filling loopholes left by the parties is not infrequently found contained in judgments of subordinate Courts and in submissions made from the Bar, but is nonetheless a misconceived one. Section 540 is in 'these words:--