JAHENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397 read with Section 401 of Cr.P.C. against the order dated 22.11.2016 passed by Additional Sessions Judge, Seondha, District Datia in Sessions Trial No. 65/2015, by which the application under Section 311 of Cr.P.C. has been rejected.

(2.) The brief facts of the case are that the applicant facing a trial for offences punishable under Sections 147, 148, 302/149 of IPC. During the course of the trial the applicant moved an application under Section 311 of Cr.P.C. for praying that the prosecution be directed to examine the witnesses Jahendra Singh, Lakhan Singh, Rahul and Bhagirath, who have been given up by the prosecution. They are important witnesses relating to the dehati nalishi, spot map and seizure memo. Their evidence is material and necessary for just decision of the case. The application was opposed by the public prosecutor stating that Jahendra Singh, Lakhan Singh, Rahul and Bhagirath are interesting witnesses and they have win over by the accused persons so he does not want to examine these witnesses before the Court. After hearing both the parties vide order dated 22.11.2016, the trial Court dismissed the application which is subject matter of this revision petition.

(3.) Learned counsel for the applicant submits that the trial Court has fail to exercise jurisdiction vested in it in accordance with law in the matter of trial without examining the witnesses of the case whose evidence is material and necessary for the fair and just decision of the case. The duty of the prosecutor is to assist the Court in reaching a proper conclusion in regard to the case which is brought before it for trial. If at the trial it is shown that the persons who had witnessed the incident have been deliberately kept back, the Court may draw an inference against the prosecution and may, in proper case, regard the failure of the prosecutor to examine such witnesses by exercising it's power under Section 311 of Cr.P.C., therefore, he prays for setting aside the impugned order.