BHAGWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is standing trial in the case. First Information Report No. 88 dated 24.4.1986 under section. 61(1)(a) of the Punjab Excise Act of Police Station Ajnala, District Amritsar.

(2.) AFTER the report under section 173 of the Code of Criminal Procedure, 1973 (the Code in brief) was presented, the petitioner was charged to stand trial order the offence. Thereafter the prosecution examined its evidence and tendered the report of the Chemical Examiner as Ex. PE. The case was fixed for arguments and it was argued on 19.10.1987. The trial Court, after hearing arguments, fixed the case for orders on 20-10-1987.

(3.) THE learned Counsel has relied upon State of Rajasthan v. Daulat Ram, AIR 1980 SC 1314 and Narain Singh and anr. v. State 1982(1) LR 547. On the other hand, the learned counsel for the respondent while relying upon Sakhdev Singh v. State 1982 Cr. LR 2201, has laid stress that the mere fact that additional evidence is permitted to be taken after the entire prosecution case is over, is not in itself in excess of the powers of the Court. He has urged that the principles that such evidence should not demolish the case set up by accused in his defence, if he has done so should be present to the mind of the Judge at the time when he takes a decision. The Court under Section 311 is to help he neither the prosecution nor the accused.