LAL SAHIB Vs. INDRA SEN

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure invoking inherent jurisdiction of this Court.

(2.) THE brief facts of the case lie in a narrow compass. The petitioners are the prosecution witnesses in Sessions Trial No. 49 of 1987 (State of M. P. v. Anup Singh and eight others) pending in the Court of First Additional Sessions Judge, Shivpuri, in which the non-petitioners No. 1 to 9 are being tried for the offences under Sections 302, 307, 326, 147, 148 and 149 of the Indian Penal Code for causing deaths of two persons viz. , Parmalsingh and Bhaiyalal, and for causing injuries to other persons. These petitioners were examined in the above mentioned sessions trial in the year 1987. On 19-8-99 they submitted an application under Section 311 of the Code of Criminal Procedure, through a private counsel, praying for their re-examination in the Court as they wanted to disclose the fact that actually they had not witnessed the alleged incident in question for which the accused persons/non-petitioners were being tried. They further alleged in their application that whatever they had deposed earlier in the Court, it was all done on account of fear and coercion applied by some dacoits and the police, and actually they had not identified the accused persons.

(3.) THE learned Trial Court rejected the aforesaid application filed by the petitioners on the ground that it appeared to be collusive in nature, and further that recalling of the witnesses for fresh examination was not warranted in law. Being aggrieved by the impugned order dated 19-8-1999 passed by the learned Trial Court the petitioners (prosecution witnesses) have filed the instant petition under Section 482 of the Code of Criminal Procedure.