CENTRAL BUREAU OF INVESTIGATION Vs. RAJU CHINTAMAN SONAWANE

JUDGEMENT

(1.) Both proceedings are filed under Section 482 of Cr.P.C. to challenge some orders passed by Additional Sessions Judge, Jalgaon in Sessions Case No.8/2006. In the first proceeding, the orders passed on Exh.407 and 464 are challenged and in the second proceeding, the order passed on Exh.342 is challenged. These applications were filed by the widow of the deceased. She is respondent no.2 in this proceeding. Both sides are heard. Copies of some documents which include copies of orders passed by this Court in previous proceedings were also produced for the perusal of this Court.

(2.) The application at Exh.407 was filed to seek reliefs of directions to prosecution, the investigating agency and to mobile phone company and landline telephone company to produce some record like Call Details, Record of conversation etc. Particulars like the numbers of SIM cards and landline numbers were given by the applicant. It is the case of the widow of the deceased that the persons against whom the charge sheet is filed were in touch with the three political rivals of the deceased and the political rivals had hatched the conspiracy of murder of the deceased. The widow wants that the three political rivals of the deceased are made accused in the case and for that such record needs to be brought before the Court. This application was opposed by the prosecution. The Sessions Court has allowed the application by observing that such record needs to be placed before the Court as it may be relevant under Section 10 of the Evidence Act and, as there is the charge of criminal conspiracy of murder of deceased.

(3.) The application at Exh.464 was filed for permission to examine the widow, Smt.Rajani Patil as a witness. The prosecution does not want to examine her. Her statement was recorded under Section 161 of Cr.P.C. In the application, she has contended that she has personal knowledge about the political rivalary and about the enmity which the political rivals of the deceased had with the deceased. It can be said that she wants to give evidence on motive for the crime which can be used against the political rivals who are not made accused. This application was also opposed by the prosecution but the Sessions Court has allowed this application. The Sessions Court has observed that the widow of the deceased had cooperated the investigating agency, her statement was recorded under Section 161 of Cr.P.C. and as there is a grievance of the widow that the prosecution is not examining her with some alternate motive, her evidence can be taken on record by using Section 311 of Cr.P.C.