ABDUL AHAD LONE Vs. STATE

JUDGEMENT

(1.) THIS is an application against an order of the Additional Sessions Judge Srmaaar transferring Under Section 288, Cri. P. Code the statement of Dr. Hari Krishen Koul a witness examined before the Committing Court in what is known as "hazratbal" murder case.

(2.) IT appears that while the witness was being examined, he failed to identify some of the accused. which he is alleged to have done before the Committing Court. Thereupon, the prosecution filed an application before the Court for transferring the evidence of this witness before the Committing Court Under Section 288, Cri. P. C. The prayer of the prosecution found favour with the Court and the statement of the witness was transferred by the judge Under Section 288, Cri P. C. In my opinion, the order passed by the Court cannot be supported in law. Section 288, Cri. P. C. runs at follows:

(3.) FOR these reasons, therefore, the application is allowed, the order of the Additional Sessions : Judge transferring the previous statement of the witness under. Section 288, Cri. P. C. is set aside. It will, however, be open to the prosecution to renew their prayer for transferring the statement of the witness concerned Under Section 288, Cri. P. C. after the statement of the witness is completed and if the prosecution complies with the provisions of the law.