RAM MEHAR AND ORS. Vs. STATE OF HARYANA.

JUDGEMENT

(1.) This common order shall dispose of both the aforesaid two petitions filed under Section 482 Cr.PC as they emerge out of the criminal trial in case FIR No.184 dated 18.07.2012 for offences punishable under Sections 147, 148, 149, 452, 302, 307, 436, 323, 332, 353, 427, 114 of Indian Penal Code registered with Police Station Manesar, District Gurgaon.

(2.) The admitted facts are that the accused-petitioners (in both the petitions) were nominated as accused in aforesaid FIR No.184 dated 18.07.2012 on account of occurrence on 18.07.2012 in the premises of the Maruti Suzuki plant at Manesar resulting into injuries to the official of the company and death of one Mr. Avnish Dev, General Manager. The petitioners (in both the petitions) were arrested in the month of July/August 2012. The investigating agency on conclusion of the investigations filed a challan dated 08.10.2012 against 148 accused persons including the petitioners (in both the petitions). The charges were framed on 22.08.2013, inter alia, under Section 302 of Indian Penal Code. The evidence of the prosecution commenced on 21.01.2014 and was concluded on 02.05.2015. When the case was at the stage of recording of defence evidence the application dated 30.11.2015 (P-4) under Section 311 read with Section 231 (2) Cr.PC was instituted on behalf of the 12 accused persons-petitioners (in CRM-M No.482 of 2016) seeking recalling of the eight prosecution witnesses out of total 102 examined witnesses, namely PW-1 Vikram Verma, PW-2 Vikram Kazanchi, PW-3 Pradeep Kumar Roy, PW-5 Birendra Prasad, PW-8 Salil Bihari Lal, PW-10 Vikram Sarin, PW-29 Deepak Anand, PW-99 IO DSP Om Parkash for further cross examination.

(3.) Learned trial Court vide two separate impugned orders both dated 16.11.2015 (P-1 in both the petitions) dismissed the respective applications. The reasons for declining the recalling of said witnesses are as under:-