N VENKATA REDDY Vs. M SREEDHAR REDDY

JUDGEMENT

(1.) This revision is filed against the order passed in S.C.No. 194/97 on the file of the I.Addl. District & Sessions Judge, Chittoor. The lower Court on the applications filed by the accused under Section 311 Cr.P.C., proceeded to examine C.Ws. 1 to 3 i.e., L.Ws. 3,30 and 32. The same is questioned in this revision.

(2.) The learned Counsel appearing for the prosecution submitted that the Court, at any stage of the inquiry /trial or other proceedings, could examine, recall, re-examine any person if his evidence appears to the Court to be essential to the just decision of the case. In the present case, that stage is not reached. In this case eight witnesses on behalf of the prosecution were examined. Yet another 9 witnesses are to be examined. At this stage, the Court cannot come to the conclusion that it is essential to examine L.Ws. 3, 30 and 32 as Court Witnesses to come to the just decision. The total list witnesses are 43 in number. Therefore, the impugned order is set aside.

(3.) On the other hand, the learned senior Counsel Sri C. Padmanabha Reddy, submitted that the Court has ample power to examine any witness whose evidence is essential to come to the just decision. In the case on hand, the Addl. Sessions Judge has come to the conclusion that the evidence of Court Witnesses is essential. He gave clear finding to that effect in the order. Therefore, the order does not suffer from any infirmity. In support of his contention, the learned Counsel relied upon a judgment of the Supreme Court reported in Jamatraj Kewalji Govani vs. State of Maharashtra in which it was held that