VIKRAM SINGH PAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant is aggrieved by the order dated 23.11.2017 passed by III Additional Sessions Judge, Dewas (M.P.) in S.T. No.278/2015 preferred this petition, whereby, the trial Court, in exercise of powers conferred under Section 311 of Cr.P.C., has summoned Resham Bai, the wife of the deceased, as court's witness in order to shade more light into the events, which leads to commission of offence, for which the trial is going on before the court below.

(2.) As per the prosecution case, on 18.3.2015, Ajay Lodhi s/o Babulal Lodhi, stating that on the fateful day, at about 4.30 p.m., the complainant and his family members were cutting the weeds of crop in their field, at that time, the complainant was being accompanied by his grandmother Avanta Bai, mother Tulsa Bai, aunt Ramkanya, Mamta, Laxmibai, sister Premlata, Khushbu, Anuradha, Chanchal, uncle Ramesh Pratap and younger brother Ashok. In between 4 to 5 p.m. Vikram Singh Puar s/o Maharaja Tukoji Rao Puar along with 15 to 20 persons in two vehicles came on the field and started collecting the crops and began to load on their trucks, Complainant and their companions tried to obstruct the act of loading the crop, at this juncture, Vikram Singh and his companions assaulted the complainant party with sword, gun, base ball bat and stick etc. The complainant's uncle Pratap received a gun shot over his head, the complainant received the bullet injury over his left wrist joint, Avanta Bai received gun shot injury over her left foot. Ramesh received injury over his head by stick. On this basis of the Dehati Nalishi, the police Barotha registered the crime No.92/2015 punishable under Section 307 , 147 , 148 of IPC and 25 and 27 of the Arms Act against the accused persons. Later on Pratap succumbed to head injuries and therefore, Section 302 of IPC was added. After completion of the investigation, the charge-sheet has been filed before Judicial Magistrate First Class, Dewas. During the trial before the Sessions Court, except Vikram Singh, all the accused persons were acquitted from the offence by the III Additional Sessions Judge, Dewas. However, Vikram Singh was absconded and when he was arrested, the supplementary charge sheet was filed against him and the trial is being conducted against him. The prosecution witnesses have been examined and after closing evidence of the prosecution witnesses, statement of the accused Vikram Singh was recorded. The final arguments were also heard on 15.11.2017 and thereafter the case fixed for pronouncement of judgment on 23.11.2017 .

(3.) It appears from the record that the trial Court seems to have formed opinion that for just and proper adjudication of the case, the testimony of Reshmabai, the wife of the deceased Pratap, is significant. Consequently, an explanation was invited from the Public Prosecutor to clarify as to whether any woman has been examined by the prosecution, who is wife of the deceased. Consequently, the Court had proceeded to summon her as the court witness. While pronouncing the impugned order the trial court has discussed several judicial pronouncements, which have discussed about the latitude available with the Court for summoning the material witness.