AMIT SACHIN Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed against the order dated 30.8.2012 passed by the trial Court in Sessions Trial No.216/2007.

(2.) The petitioner is facing a criminal trial for an offence punishable under section 201 of IPC. The allegation against the petitioner is that he was involved in preparing the document to the effect that one of the accused Kallu was present in a case under section 34 of the M.P. Excise Act at Jabalpur at the relevant point of time. Aforesaid accused Kallu was involved in murder of brother of Hariom, who lodged an FIR. In Sessions Trial No.216/2007, the Sessions Court rejected the plea of alibi of Kallu and awarded a sentence. The petitioner is facing trial for an offence under section 201 of the IPC. The prosecution moved an application under section 311 of the CrPC before the trial Court to the effect that Hariom be called as a witness, because he had lodged the FIR in regard to murder of his brother, in which, accused Kallu was involved. The allegation against the present petitioner is that he had entered into conspiracy to prove the fact that accused Kallu was present at Jabalpur at the relevant point of time in connection with an offence under section 34 of the M.P. Excise Act, that application has been allowed.

(3.) In the present case, it is a fact that the allegation against the present petitioner is that he was involved in preparation of a forged document to the effect that accused Kallu was present at Jabalpur at the relevant point cf time in connection with an offence under section 34 of M.P. Excise Act. Witness Hariom lodged the FIR to the effect that accused Kallu at he relevant point of time had murdered his brother in an incident which took place at Gola -ka -Mandir, Gwalior. In such circumstances, the trial Court has rightly ordered to summon Hariom as witness, so the fact can be brought into the notice of the Court that what is the truth.