AGYA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short the Code), the applicants have prayed that the order dated 3-5-89 passed by the IInd Additional Sessions Judge, Buleun (Annexure-6), rejecting the application pf the accused for re-summoning, D.W. 3 Balak Ram for re-examination as he has made an affidavit that he wants to state some correct facts, may be quashed in the exercise of inherent jurisdiction of the High Court.

(2.) It has been stated by the learned Counsel for the applicants that D.W. 3 Balak Ram was examined in the sessions trial in pursuance of the directions of this Court dated 14-3-1988 (Annexure-1) directing him to be examined and veracity of his statement can be judged. The relevant portion of the judgment of this Court dated 14-3-88 is set out below The order dated 6-2-88 is set aside and the learned lInd Additional Sessions Judge, Oral is directed to complete the examination of Balak Ram in Sessions Trial No. 62 of 1985 State v. Agya Ram & ors. and at the stage of final judgment he may decide the issue in the judgment by which he may rely or discard the evidence of the said defence witnesses, namely, Ram Charan and Balak Ram or even decide the question of admissibility or otherwise of their statements and deliver the judgment. In case there is any illegality in the final judgment in the matter of accepting or rejecting statement of the defence witnesses Ram Charan and Balak Ram, it shall be open for the applicants to challenge the appeal. The Trial Court may proceed expeditiously and finally decide the case. With the above observations this application is disposed of.

(3.) In pursuance of the aforesaid order of this Court D.W. 3 Balak Ram was examined by the Sessions Judge and statement was recorded. Thereafter an affidavit was filed by the said witness statins that he wants to make some other statement. After hearing the learned. Counsel for the parties the learned Session Judge rejected the application by the impugned order.