MAMTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against order dated 23.12.2020, passed by Addl. Sessions Judge, Narnaul whereby an application U/s 311 Cr.P.C., for additional evidence filed by complainant was dismissed, during the trial in FIR No.320 dated 27.08.2018, for offences under Sections 148, 149, 323, 325, 302, 307, 452 and 506 IPC, registered with Police Station Kanina, District Mahendergarh. After framing of charge, the case was fixed for evidence of prosecution, during the course of which, the prosecution examined several witnessed including the complainant; thereafter, statements of the accused were recorded and the case was fixed for defence evidence, during that the accused led evidence to show that the complainant was on duty on 26/27.08.2018, as such, he could not possibly be there at the spot; to rebut the evidence, the complainant Ashwani wanted to examine the official from Joginder Memorial Charitable Blood Bank, Rewari to show that he remained in the hospital on 27.08.2018, which fact is fortified by receipt No.1012/18/ under donor ID No.1519 and 1520 and from CCTV footage.

(2.) This application for additional evidence was opposed by the accused. The trial Court dismissed the application, vide impugned order dated 23.12.2020. The operative part of the order reads as under:-

(3.) I also heard applicant in person, wherein he submitted that in fact he was present on the spot on 26/27.08.2018. He submitted that he moved application to his Superior Officer of the department. However, he could not produce any document in this regard.