BUDH RAM Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Issue notice to A.G Haryana, Mr. Gobind, AAG Haryana, accepts notice. Heard learned counsel for the parties. In the premise a moot point arisen for consideration as to whether the petitioner, who is complainant in Session Case No. 10 of 1997 under Sec. 302 Penal Code etc. pending disposal before the Sessions Judge, Kamal, can be permitted to put questions to the witnesses unless he was permitted by the public Prosecutor to do so.

(2.) Mr Manchanda submits at the bar that this Sessions Case No.10 1997 has been bracketed with Session ease relating to F.I.R. No.713 uni Sections 302/201 Penal Code for trial and during the trial of the ease the complain was not allowed to put questions to the witnesses unless he was permitted do so by the public Prosecutor. Corroboration to that is contained in the order dated 22.5.1997 passed by the learned Sessions Judge, Karnal, who has no allowed the complainant to put the questions to the witnesses unless he permitted by the Public Prosecutor to do so. It is a beaten point of law that the complainants role is that of a witness in a sessions trial and he can participant in the proceedings of a Sessions case and put question to the witnesses if it found necessary and allowed by the Public Prosecutor to help him and asking questions. The petitioner wants to put certain questions to the witness through the Public Prosecutor and he is permitted to do so and it is for the trial judge to see which questions are permissible under the law and which arm However, the complainant cannot be denied a right to put questions to witnesses through the Public Prosecutor. This revision-petition is according allowed and the prosecution witnesses who are not yet examined and who statements are partly recorded can be examined by the complainant as well, directed above. A copy of the order be provided dasti on payment to petitioner.