KALYANSINGH Vs. STATE OF M P

JUDGEMENT

(1.) SHRI Sanjay Jain is present in person. All of them are heard. Shri Sanjay Jain has been heard who narrated that when the witness P. W. 4 Ramkumar was being examined and cross-examined, he was present in the court hall alongwith Shri M. S. Chouhan. He submitted that both Shri M. S. Chouhan and Shri Sanjay Jain happened to be the juniors working with Shri P. K. Shukla and when the said order was passed, Shri P. K. Shukla had come in the court hall and had taken the charge of the said sessions case on behalf of the petitioners. Shri P. K. Shukla who happens to be an advocate of standing of 30 years practice at Bar explained the situation by making the submissions which can be quoted as mentioned in paragraph hereunder :

(2.) SHRI P. K. Shukla submitted that he was defending the petitioners at the relevant time in the court of 13th Addl. Sessions Judge, Indore, Shri A. M. Saxena on 21-4-98. He submitted that when the prosecution witness P. W. 4 Ramkumar was being cross-examined, Shri PK. Shukla, made suggestion to him suggesting that he was giving false evidence against the present petitioners (the accused ). Shri P. K, Shukla submitted that the learned Judge disallowed the said question by holding that the said question was not fit to be asked to said witness. Shri Shukla further submitted that he politely submitted before the learned Judge that he was ready to face the consequence of asking the said question because he was so instructed by the petitioners. He submitted that it was a murder case and, therefore, he was duty-bound to make such suggestion to said witness.

(3.) AFTER the said conversation, Shri P. K. Shukia submitted that he was not able to conduct the said case further and he sat down. According to Shri Shukla, thereafter the order which was being challenged by this petition came to be passed.