ANKUSH PANDOH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) All the five petitioners (hereinafter referred to as the 'accused') are facing trial in case FIR No. 101/2009 registered at Police Station, Udhampur under Sections 302/34/452/212/109/120-B RPC and 3/25&4/2S of Indian Arms Act forallegedly causing the death of one Sanjay Jandial. Through the instant Criminal Revision, they seek setting aside of order dated 10-11-2010 passed by the learned 2nd Additional Sessions Judge, Jammu, whereby application moved by the State through Special Public Prosecutor u/s 540 of Cr.P.C read with Section 154 of Indian Evidence Act, for recalling/re-examining the witnesses, namely Surjit Singh, Sumit Khajuria, Raj Mathur and additionally summoning PW Kewal Jandial, the brother of the deceased who is not figuring in the list of witnesses furnished with the final report (challan) has been allowed.

(2.) It needs to be mentioned here that accused Rajesh Pandoh, who is also known as Raju as one finds from the evidence on record was initially booked under Section 212 RPC only for harbouring the offenders and granted bail. Subsequently, he was rearrested as the Police has allegedly found him to be involved for the offence punishable u/s 302 read with Section 120-B RPC. The evidence of the aforesaid witnesses sought to be reexamined by the prosecution is primarily with regard to the involvement of the accused Rajesh Pandoh only.

(3.) Another important fact, which needs to be mentioned here, is that the trial of the present case had initially started before learned Sessions Judge, Udhampur, before whom, five prosecution witnesses were examined including the aforesaid three witnesses. At that time, one Mr. Anil Vijay, Advocate was representing the State after being appointed as Special Public Prosecutor at the request of father of the deceased. However, the complainant questioned the fairness of the trial includ ing the bona fides and competence of the said Special Public Prosecutor conducting the trial at Udhampur and sought appointment of Mr. R.K.Kotwal, Advocate (Jammu) as Special Public Prosecutor which request was acceded to by the Home Department, as such appointed him as Special Public Prosecutor vide SRO No.232/2010.